Social host liability may apply to anyone who acts as a host and serves alcohol as part of their accommodation duties. The most common groups of social hosts include: In 1987, the New Jersey legislature passed the Social Host Act. It states that if one of your guests consumes too much alcohol and injures someone in a car accident after the party, the injured person can receive compensation from you. To combat underage drinking, state lawmakers have passed laws assigning responsibility to adults who allow minors to drink alcohol at social gatherings. Thirty-one states allow social hosts to be civilly liable for injury or damage caused by underage drinkers. Thirty states and the Virgin Islands provide criminal penalties for adults who host or permit parties involving underage drinking in adult homes or adult-controlled premises. These legal provisions on social hosts do not apply to licensed establishments such as restaurants, bars and liquor stores that fall under the Dram Shop laws. c. Determination of the responsibility of a social host under paragraph b. If a blood alcohol test indicates a blood alcohol concentration of (1) less than 0.10% alcohol by weight, there is a compelling presumption that the person being tested was not visibly intoxicated in the presence of the social host and that the social host may not have provided alcoholic beverages to the person. shows a reckless disregard for consequences that affect the lives or property of others; or (2) at least 0.10 percent but less than 0.15 percent by weight of alcohol in the blood, there is a rebuttable presumption that the person being tested was not visibly intoxicated in the presence of the social host and that the social host did not provide the person with alcoholic beverages under circumstances that indicated a reckless disregard for consequences such as impact on the life or property of others. In general, the basic concept behind social reception laws is that a person who serves alcohol during their social event has a duty to prevent injury or death from drunk driving. This means that a social host can be held liable for injuries that occur after a party and outside the physical venue of the social gathering, as long as it can be proven that the social host served alcohol.
Pennsylvania`s Social Responsibility Act holds party organizers liable for injuries and property damage caused by a minor who consumed alcohol at their event. A social host can be held liable for injury if a victim can prove that the host knowingly served alcohol to a minor and that alcohol was the proximate cause of the accident. In addition, in this situation, a social host may be responsible for the minor`s injuries, as well as injuries to third parties. Finally, make sure you have coverage. Many home and tenant insurance policies offer coverage to a host accused of overserving a guest. Therefore, you should review your policy with your lawyer or insurance agent to make sure your coverage meets the requirements. Knowing the ins and outs of the Social Reception Act can help prevent your party from becoming a more expensive affair than you ever anticipated. Now you can relax and enjoy the party! §12-47-801 (4) (a) No corporate host who provides an alcoholic beverage is civilly liable to an injured person or his estate for harm to that person or property damage, including a lawsuit for wrongful homicide, due to the intoxication of a person due to the consumption of such alcoholic beverages. unless: (I) it is proven that the social host knowingly served an alcoholic beverage to a person under 21 years of age or knowingly provided the person under 21 years of age with a place to consume an alcoholic beverage; and (II) the civil action is commenced within one year of service.
(b) The illegal ingestion of minors who consume alcoholic spirits or malted grain beverages is a Class A offence for which the minimum penalty is $1,000. If the court orders the offender to perform community or community service as a condition of probation, as described in section (b)(10) of K.S.A. 2011 Supp. 21-6607 and its amendments, the court will consider ordering the offender to perform public work in an alcohol treatment facility. (c) Except as otherwise provided in paragraph (d), no social host who supplies alcoholic beverages to a person shall be held legally liable for damage to that person or injury to person or property or death of a third party resulting from the consumption of such beverages. A violation of a social host law can result in many legal sanctions for the social host. Quotes can result in fines, jail time, or both. injury.findlaw.com/accident-injury-law/social-host-liability.html This offence may be punishable by imprisonment, fines and withdrawal of a driving licence. Laws governing social host liability can vary greatly from state to state, as each state has different alcohol laws. In addition, some states may expose a social host to liability under existing dram shop laws.
In almost all states, serving alcohol to minors is considered a misdemeanor. (1) The social host intentionally and knowingly provided alcoholic beverages, namely: b. 5. For the purposes of this article, “minor” means a person under 21 years of age. c. To ensure the responsibility of a social host under paragraph b. of this section if a blood alcohol test indicates a blood alcohol level of the social hosts: Social hosts could be held liable for wrongful injuries and homicides, even if they were unaware that minors were drinking. www.nolo.com/legal-encyclopedia/dram-shop-laws-social-host-liability-alcohol-related-accidents-pennsylvania.html “Person” means a natural person, the estate of an individual, an association of natural persons or an association, trust, partnership, company, organization or the manager, agent, servant, officer or employee of any of them. (g) Social host.
(1) Except as provided in subsection (2) of this subsection, nothing in this Division creates a legal cause of action against a social host for providing intoxicating liquor to a person without compensation or profit, if the social host is not licensed or is required to hold a licence under this title. However, this division should not be construed as limiting or otherwise affecting a social host`s liability for negligence at common law. 2. A social host who knowingly provides intoxicating liquor to a minor may be liable under this section if the social host knew, or a reasonable person would have known in the same circumstances, that the person receiving the intoxicating liquor was a minor. (2) The social host provided liquor to the visibly intoxicated person in circumstances that present an unreasonable risk of foreseeable harm to the life or property of others, and the social host failed to exercise due diligence to avoid the foreseeable risk; and “Social Host” means a person who, by express or implied invitation, invites another person to an unauthorized place for hospitality purposes and who does not hold a liquor license for the Premises and is not required to hold a liquor license for the Premises under Title 33 of the Revised Bylaws, and another person who is of legal age for the purchase and consumption of alcoholic beverages. Legal supply of alcoholic beverages. Drinks.