Social host liability is a concept that is used in most states and it allows a host of a party to be held somewhat liable for situations that may arise due to guests becoming intoxicated and ending up causing injuries to others.
This type of liability is a lot like dram shop laws. The difference between the two is that dram shop law only holds the seller of the alcoholic beverages liable; bars, restaurants, and liquor stores. Social host liability can be imposed on the individual or grow that provides alcoholic drinks to guests of their party or home, if the guests becomes intoxicated and then goes out and injures someone.
There are a few states that still do not recognize the social host liability laws, but most will recognize the dram shop laws. Homeowners, rental property owners, anyone who takes initiative to provide alcohol to a guest at their residence or place of business and they become drunk. In almost any occasion, not just a party, but any situation that social host liability will apply. A host that supplies alcohol to anyone under the age of twenty-one is considered liable through the eyes of the law.
Since not every state holds the social host liability law in court, there are still situations that a host would still be considered liable. The general rule to consider is that if anyone is injured because they are intoxicated while at someone’s home, that individual is responsible for anything that happens once that person leaves their home. Know more about the two different types of liability cases to consider:
First Party Social Host Liability
The first party host liability exists when a plaintiff becomes injured but is also the one that was given alcohol.
Third Party Social Host Liability
This type of host liability occurs when the victim is not the individual that was drunk. If you were struck by a vehicle and the car driver was intoxicated because they had just left a party, then the third party social host liability lies in the individual who gave the driver the alcohol.Again, these laws are different from state to state so always check your laws before assuming you are covered. It is best to consider this rule when serving alcohol to individuals at a party:
If you are serving alcohol, take the keys. Consider the responsibility that lies on your shoulders should anything bad happen.
If you do find yourself in the middle of a lawsuit over this type of law, consult with a personal injury lawyer in Sherwood Park that has experience in this type of case. You want to make sure that you are given the opportunity to explain your case as you know it happened. You want someone who has legal experience in this particular case and who can help you win.