Social Host Liability and March Madness Parties

Hosting a March Madness party and serving alcohol? Be a responsible host. If you’re hosting a party at your home and planning to serve alcohol – take steps to limit your liquor liability and make sure you have the proper insurance.

Introduction to Social Host Liability

Social host liability is a legal term and area of law that deals with the liability of a person who supplies liquor to a guest. Under social host liability laws, the host shares any liability incurred as a result of actions by an intoxicated guest to whom he or she has served liquor. This law is similar to dram shop liability which applies to bars, taverns, liquor stores and other businesses that serve alcohol.

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Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability to injuries that occur anywhere a guest who has consumed alcohol goes. Many states have laws that pertain specifically to furnishing alcohol to minors.

Minors
Most states have these laws, which hold a host responsible for providing liquor to minors in any situation that results in injuries to the minor, or injuries that the minor causes to others due to alcohol intoxication.

Adults
Some states have stricter social host liability laws which go beyond underage drinking. These laws can hold you responsible for accidents caused by anyone allowed to drink to excess then injures themselves or a third party.

Liability
While a social host is not liable for injuries sustained by a drunken guest (as the guest is also negligent), the host can be held liable for harm to third parties, and even for passengers of the guest who have been injured in their car. There are circumstances under these laws where criminal charges may also apply.

Tips to Protect Yourself and Your Guests

Remember that a good host is a responsible host. If you plan to serve alcohol at a party, promote safe alcohol consumption and take these steps to reduce your social host liability exposure:

• Make sure you understand your state laws. These laws vary widely from state to state (see chart). Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability to injuries that occur anywhere a guest who has consumed alcohol goes. Many states have laws that pertain specifically to furnishing alcohol to minors.
• Consider venues other than your home for the party. Hosting your party at a restaurant or bar with a liquor license, rather than at your home, will help minimize liquor liability risks.
• Limit your own alcohol intake as a responsible host/hostess, so that you will be better able to judge your guests’ sobriety.
• Offer non-alcoholic beverages and always serve food. Eating and drinking plenty of water, or other non-alcoholic beverages, can help counter the effects of alcohol.
• Stop serving liquor toward the end of the evening. Switch to coffee, tea and soft drinks.
• Encourage guests to pick a designated driver who will refrain from drinking alcoholic beverages so that he or she can drive other guests home.
• If guests drink too much or seem too tired to drive home, call a cab or rideshare service (Uber, Lyft, etc.) or have them sleep at your home.

Which states have Social Host Liability laws?

Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability to injuries that occur anywhere a guest who has consumed alcohol goes. Many states have laws that pertain specifically to furnishing alcohol to minors.

Source: National Conference of State Legislatures

Note: This chart should be used for general informational purposes and is not intended as a legal reference. If you have questions regarding social host or dram shop liability, please contact an attorney in your state or your state attorney general’s office.

Additional Resources:

• Dram Shop Laws by State – National Conference of State Legislatures
• Dram Shop Laws | LegalMatch Law Library
• Dram Shop – Wikipedia