Social host liability is created by a

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...

that imposes liability on social hosts as a result of their serving

alcohol Alcohol most commonly refers to: * Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom * Alcohol (drug), an intoxicant found in alcoholic drinks Alcohol may also refer to: Chemicals * Ethanol, one of sev ...

to adults or minors. A social host is most often a private individual who serves alcohol in a

non-commercial A non-commercial (also spelled noncommercial) activity is an activity that does not, in some sense, involve commerce, at least relative to similar activities that do have a commercial objective or emphasis. For example, advertising-free community ...

setting. Persons subject to social-host liability in civil actions are typically those that provided alcohol to the obviously intoxicated social guests who subsequently are involved in

vehicle A vehicle (from la, vehiculum) is a machine that transports people or cargo. Vehicles include wagons, bicycles, motor vehicles (motorcycles, cars, trucks, buses, mobility scooters for disabled people), railed vehicles (trains, trams), wa ...

crashes or other activities causing death or injury to third parties, or to minors who are injured as a result of intoxication that results from service of alcohol by the host, but the circumstances under which social host liability can result varies by jurisdiction. Most people are aware that serving alcohol to people who are below the legal age for the consumption of alcohol is illegal in the United States. Exceptions from that prohibition for service of alcohol to minors in family settings, for religious reasons and other purposes varies by state. In some states a person who serves alcohol to a minor may potentially be held liable if the alcohol provided is found to have contributed to the commission of a crime. A social host who knowingly serves alcohol to minors or knowingly allows minors to consume alcohol may also potentially face criminal charges.

United States

Within the United States, social host liability for the service of alcohol can vary greatly from state to state. Thirty-one states allow for social host liability for damages or injuries caused by underaged drinkers. If the underage drinking took place in a minor's home, even if the minor's parents were not present and did not provide the alcohol, the minor's parents may potentially be held liable if they knew or should have known that an underage party would occur while they were away at which minors would consume alcohol, they can potentially be held liable for the minor party-goers' actions on and off their property. In some states, such as

New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

, a minor who serves other minors may be liable for injuries that result from the service.

Dram shop acts

A related body of law known in the United States as

dram shop A dram shop (or dramshop) is a bar, tavern or similar commercial establishment where alcoholic beverages are sold. Traditionally, it is a shop where spirits were sold by the dram, a small unit of liquid. Dram shop liability refers to the body of l ...

liability governs the liability of taverns, liquor stores, and other commercial establishments that serve

alcoholic beverage An alcoholic beverage (also called an alcoholic drink, adult beverage, or a drink) is a drink that contains ethanol, a type of alcohol that acts as a drug and is produced by fermentation of grains, fruits, or other sources of sugar. The c ...

Canada

In Canada, social host liability for the service of alcohol to adult guests was restricted by the Supreme Court in the case of '' Childs v. Desormeaux''. The court found that social hosts do not have a duty of care to third parties who are injured by an intoxicated guest. The court did not address whether a duty could arise where a social host continued to serve a clearly intoxicated guest with knowledge that the guest would later drive a vehicle.

References

External links

Laws across U.S. states
{{DEFAULTSORT:Social Host Liability Alcohol law Public liability