Social host liability
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Social host liability is created by a statute or case law that imposes liability on social hosts as a result of their serving alcohol to persons or minors. Frequently persons subject to social host liability criminal and civil actions are those that provided alcohol to obviously intoxicated or minors who subsequently are involved in vehicle crashes or other activities causing death or injury to third-parties, but these are not necessary conditions. A social host is most often a private individual who serves alcohol in a non-commercial setting.
The related body of law governing the liability of taverns, liquor stores and other commercial establishments that serve alcoholic beverages is known as dramshop liability.
Social host liability can vary greatly across states, a problem increased by the often heavy reliance on previous case precedent which is not included in the text of the law but has bearing. Avoiding liability totally can only be achieved by not serving any alcohol. If you plan to serve alcohol at a gathering or party, it is important to know how responsible you are for guests' actions during and after the party.
Most people are aware that serving alcohol to minors is almost exclusively illegal, and further they may be held liable if the alcohol provided contributes to an accident or sex crime. In some states, such as Massachusetts, a minor who serves other minors may be liable. If the underage event took place in someone's home, the parents may be held liable even if they weren't present and did not provide the alcohol. If the parents had "probable cause" to know an underage party would occur while they were away, they can be held liable for the party-goers' actions on and off their property.
In many cases there exist several areas of, and persons subject to, liability. In a civil procedure a jury allocates monetary retribution. States vary in their rules regarding joint and several liability.
In Canada, one of the most notable cases involving social host liability is Childs v. Desormeaux.
[edit] External links
See the Alcohol Policy Information System (APIS) presentation and analysis of social host liability (termed Hosting Underage Drinking Parties) for the laws across the states. [1]
