Social host liability
Encyclopedia
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 adults or minors. Persons subject to social-host liability in criminal and civil actions are frequently those that provided alcohol to the obviously intoxicated
or to 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.
s is known as dramshop liability. Social-host liability can vary greatly from state to state, a problem increased by the often heavy reliance on case precedent rather than the text of the statute. Avoiding liability totally can only be achieved by not serving any alcohol.
Most people are aware that serving alcohol to minors is almost always illegal. They may not be aware that they may be held liable if the alcohol provided is found to "contribute" to the commission of, for example, a sex crime. In some states, such as Massachusetts
, a minor who serves other minors may be liable. If the underage drinking took place in a home, the parents may be held liable even if they were not 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 Canada, one of the most notable cases involving social-host liability is Childs v. Desormeaux
.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
or case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
that imposes liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
on social hosts as a result of their serving alcohol
Alcoholic beverage
An alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
to adults or minors. Persons subject to social-host liability in criminal and civil actions are frequently those that provided alcohol to the obviously intoxicated
Drunkenness
Alcohol intoxication is a physiological state that occurs when a person has a high level of ethanol in his or her blood....
or to minors who subsequently are involved in vehicle
Vehicle
A vehicle is a device that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats, and aircraft....
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
Non-commercial
Non-commercial refers to an activity or entity that does not in some sense involve commerce, at least relative to similar activities that do have a commercial objective or emphasis...
setting.
Common situations
The related body of law governing the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverageAlcoholic beverage
An alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
s is known as dramshop liability. Social-host liability can vary greatly from state to state, a problem increased by the often heavy reliance on case precedent rather than the text of the statute. Avoiding liability totally can only be achieved by not serving any alcohol.
Most people are aware that serving alcohol to minors is almost always illegal. They may not be aware that they may be held liable if the alcohol provided is found to "contribute" to the commission of, for example, a sex crime. In some states, such as Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, a minor who serves other minors may be liable. If the underage drinking took place in a home, the parents may be held liable even if they were not 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.
Other examples
In many cases there exist several classes of, and persons subject to, liability. 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
Childs v. Desormeaux
Childs v. Desormeaux, is a Supreme Court of Canada decision on the topic of social host liability. The Court held that a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol.-Background:...
.