Alcohol at a party

[BK911]

Bartender thread got me thinking...
My wife loves to have parties.
We do not provide alcohol at the parties, but some guests do bring their own.
Am I liable if somebody leaves drunk and gets in an accident?

[GH85Carrera]

The possibility of getting sued just for hosting a party is high if someone has a wreck and drank at your party. Who know how some judge would rule on it. Logic would say no, but the law has little to do with logic.

[Sooner or later]

Depends on the state. Read up on your atates social host liability laws

[MRM]

Most states do not have social host liability for individuals who host private parties and do not charge. Laws obviously vary from state to state, and my thought here are meant to be general education and are not legal advice in any way, but generally liquor liability comes from statutes called dram shop statutes that impose liability for illegal sale of alcohol. Since private individuals who don't charge for entrance to their party are not selling alcohol, they are considered social hosts, not dram shops. Unless there is a specific statute imposing social host liability, the general rule is that there is no liability because social host liability was not recognized in common law.

There are exceptions to the exception. Some states have imposed social host liability for people who provide illegal alcohol, such as adults furnishing alcohol to underage minors. In that case it's the illegal act of providing alcohol to someone who can't have it that gives rise to liability. Generally, if someone provides their own and drinks it at your place, you'd have to do something very stupid in encouraging dangerous behavior to be liable for them getting drunk and causing damage to themselves or others.

[ossiblue]

Originally Posted by BK911

Bartender thread got me thinking...
My wife loves to have parties.
We do not provide alcohol at the parties, but some guests do bring their own.
Am I liable if somebody leaves drunk and gets in an accident?

I see that you are in Tennessee. Your state has a Social Host Liability Law that, effectively, protects a party host from criminal or civil liability if they serve alcohol to a guest and that guest later causes harm. Since you are not even serving the alcohol, you are likely to not have any chance of liability, but it would depend on the circumstances. For example, if a guest consumes their own alcohol at your party, becomes falling down drunk, and attempts to drive home with your knowledge of his condition, you may face some problems as that circumstance goes beyond what a "reasonable person" would do in a similar situation.

[racer]

I've always assumed the worst and that when the lawsuits filed, they start by suing everyone involved. Assume the worst. Hope for the best and get a lawyer if needed. As mentioned, your state or county may have rules that protect you as a host. May also depend on the age of those who are consuming (minors) etc.

[masraum]

Originally Posted by ossiblue

For example, if a guest consumes their own alcohol at your party, becomes falling down drunk, and attempts to drive home with your knowledge of his condition, you may face some problems as that circumstance goes beyond what a "reasonable person" would do in a similar situation.

That's always been my assumption. If someone hosts a party and one of the party goers gets wasted/plastered/obviously impaired/drunk and then the host knows that person left to drive, I'd assume the worst as far as the host's liability.

[KFC911]

Originally Posted by ossiblue

I see that you are in Tennessee. Your state has a Social Host Liability Law that, effectively, protects a party host from criminal or civil liability if they serve alcohol to a guest and that guest later causes harm. Since you are not even serving the alcohol, you are likely to not have any chance of liability, but it would depend on the circumstances. For example, if a guest consumes their own alcohol at your party, becomes falling down drunk, and attempts to drive home with your knowledge of his condition, you may face some problems as that circumstance goes beyond what a "reasonable person" would do in a similar situation.

Ahem....he "ain't from around here are you boy"... and sued the SOBs....don't lose twice BK....get drunk before the party starts!

I'm not licensed to practice in Tenn...YMMV

[IROC]

Back in the olden days when I was in a fraternity (in Tennessee) we were cautioned that we would liable if someone left one of our parties drunk and wrecked, etc. so this is not a new thing.

It seems that it hinged on whether or not we were charging for the party or just drinking beer...

[KFC911]

Originally Posted by IROC

Back in the olden days when I was in a fraternity (in Tennessee) we were cautioned that we would liable if someone left one of our parties drunk and wrecked, etc. so this is not a new thing.

It seems that it hinged on whether or not we were charging for the party or just drinking beer...

House parties....hottie with a hat collecting $ fer the next keg(s)...guilty as "charged"

It's illegal to live with yer girlfriend in NC too

[RWebb]

Originally Posted by BK911

Bartender thread got me thinking...
My wife loves to have parties.
We do not provide alcohol at the parties, but some guests do bring their own.
Am I liable if somebody leaves drunk and gets in an accident?

maybe - it depends on the state

dunno re TN but be sure all guests can drive/walk/hold keys fine before leaving - that's just being a good host

offer to pay for a taxi for anyone even close to it

be sure the host party law about serving EtOH also extends to allowing use of your home for serving....

[KFC911]

^^^ Do the right thing because none of us are as stoooopid as we once were....and lucky, and smarter, and....well...just because

[911_Dude]

What a sad state of affairs that this is even an issue. So we need to review the latest case law before having friends over for a drink? Such BS

[wayner]

Doesn't everybody just throw their keys in a big bowl when they enter the party, and you just go home with whoever draws your keys at the end?

Oh, wait, that might be a different thread...

[masraum]

Originally Posted by 911_Dude

What a sad state of affairs that this is even an issue. So we need to review the latest case law before having friends over for a drink? Such BS

I'm pretty sure that this is not new and would have been an issue any time in the last 30 or 40 years.

Besides, what kind of a friend are you if you get hammered with your friends and tell them bon voyage as you send them home.

[911_Dude]

If it was me that got ripped, I wouldn't sue my friend because I got hammered at his house. Its all part of "its anyone's fault but mine".

[Sooner or later]

The riak can also be from the family of the kid on a bike that was squashed like a bug by the drunk that left your house.

Know the laws of your state.

[greglepore]

Originally Posted by BK911

Bartender thread got me thinking...
My wife loves to have parties.
We do not provide alcohol at the parties, but some guests do bring their own.
Am I liable if somebody leaves drunk and gets in an accident?

In no state is there liability unless you either provide the alcohol or allow minors to consume.

Moral issues aside.