Am I Liable if My Guests Drink and Drive?

Social host liability is a real thing, and you should be fully informed of this legal responsibility before serving alcohol at your next soirée. Of course, not all states have social host liability laws, such as New York and California, but most do. So, do your part by learning what it takes to be a safe and responsible social host.

Drunk Driving Accident Lawyers Indianapolis Indiana 317-881-2700
Drunk Driving Accident Lawyers Indianapolis Indiana 317-881-2700

Key Facts Surrounding Social Host Liability

If you are planning to serve alcohol to guests at your next event or party, be sure you know where you stand in terms of legally liability. The law will hold you [and therefore your home owner’s insurance company] responsible for the actions and inactions of your intoxicated guests, including drinking and driving. In fact, DUI cases are among the most common scenarios in which social host liability comes into play. If you knowingly serve alcohol to an already-inebriated guest or over-serve alcohol to a formally-sober guest, and then they drive home, you can be held legally responsible for any damages and losses they cause while operating their vehicle under the influence of alcohol.

Whether they drunkenly decided to joyride across a private golf course, fall asleep at the wheel and hit a pedestrian, or cause a serious auto accident that results in bodily harm to another, responsibility for these incidents could link back to you if the driver got drunk at your party on your alcohol. In serious cases, a social host could face criminal charges on top of a civil lawsuit.

Serving Minors

Social hosts also have a legal duty of care to ensure alcohol does not get in the hands of anyone who is under the legal drinking age. If you are caught serving alcohol to a minor, and that minor, under the influence of alcohol, drives and gets into an accident, you could be held civilly and criminally responsible. This also applies in some cases of unknowingly supplying alcohol to minors. In the case that your teenager and some friends steal the liquor from the cabinet, and then an accident takes place as a result of their intoxication, the law might hold the homeowners and legal guardians liable.

Dram Shop Laws

Restaurants must uphold this same duty of care. Dram Shop laws impose legal liability onto owners of bars, restaurants, liquor stores, and any other establishments that sell alcoholic beverages and products to intoxicated customers. These laws are set to protect individuals from harming themselves or others as a result of over-indulging in alcohol. For instance, it is possible for a victim of a drunk driving accident to sue the establishment that sold the drunk driver the alcohol, but only if the driver was already intoxicated at the time of the sell.

Were you or a loved one seriously injured in an accident caused by a drunk driver? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced drunk driving accident lawyer in Indianapolis, Indiana. We represent all drunk driving cases throughout the state of Indiana, including car accidents, truck accidents, pedestrian accidents, motorcycle accidents, wrongful deaths, and more.

Related Posts:

Accident Liability for Hosting an Employee Party With Alcohol
How to Make an Injury Claim Against a Drunk Driver
State Regulations for Truck Drivers Regarding Drugs and Alcohol

Important Liability Laws for Hosting a Party With Alcohol

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When it comes to your liability as a party host who serves alcohol to guests, the laws vary from state to state. Some states claim no liability, some claim liability, and some others do not even have laws that regard the subject at all. Indiana happens to be a state that does assign liability to social hosts.

If you let guests drink and drive after leaving your New Year’s Eve party, you could be liable for any damages or losses they caused to others on the road. If this is something you are concerned about, continue reading to learn how to be a responsible party host and how to protect yourself from being liable for drunk driving accidents.

Social Host Liability

The phrase, “social host liability” is a term that describes a person being held legally accountable for the actions of an intoxicated guest who became intoxicated by indulging in the alcoholic beverages served at their party. It is your duty as a party host to serve alcohol responsibly to guests. Not only is this for everyone’s safety, but it is also to avoid legal accountability. The most common scenarios are drunk driving and wrongful death accidents, but property damage, assault, and other incidents are known to occur as well.

If a guest at your party drinks too much alcohol, and then they leave and cause harm to another person or property, the victims of the accident can pursue a lawsuit against you since you provided the alcohol to the guest. This is actually very common. In fact, it is possible for party hosts to face criminal charges depending on the severity of the accident and subsequent losses experienced by the victims.

Laws Vary From State to State

As mentioned, some states have laws governing social host liability, while others do not. States that have laws regarding the subject either assign or absolve part hosts of liability, and some states do not even have laws pertaining to social host liability. For example, California and New York are “No Liability” states. This means party hosts are not responsible for the actions of their intoxicated guests, so long as they are adults, because these states do not put the blame on the furnishing of alcohol, but rather, the consumption.

States like New Jersey have specific social party host laws regarding intoxicated driving. They put liability on party hosts under certain circumstances, such as serving an already “visibly intoxicated” guest and more. Furthermore, states like North Carolina do not have any laws or ordinances that address social party host liability. However, victims of drunk driving accidents have been successful at pursing negligence lawsuits against hosts that over-serve guests and then allow them to drive.

Minors

In all 50 states, serving alcohol to a minor, whether knowingly or not, imposes all sorts of serious liability on a party host. Not only can a host be financially responsible for any damages, losses, or injuries caused by an intoxicated minor, they can also be criminally charged.

Dram Shop Laws

Even if a person hosts a party at a public location, most states have Dram Shop laws in order. These laws hold establishments that serve alcohol liable for the actions of their intoxicated patrons. However, the circumstances to which these liabilities apply are very specific and vary among states. If a patron is overserved and injures someone, the victim can pursue a lawsuit against the drunk driver and the establishment.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury claims in Indianapolis, Indiana. We offer free initial consultations and never collect lawyer fees unless they win your claim. Call our office today to determine your eligibility for personal injury compensation.

Important Facts About Dram Shop Laws

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Virtually all states in our country have Dram Shop laws in place that impose legal liability onto owners of bars, restaurants, liquor stores, and any other establishments that sell alcoholic beverages and products to intoxicated customers. These laws are set to protect individuals from harming themselves or others as a result of over-indulging in alcohol. For instance, it is possible for a victim of a drunk driving accident to sue the establishment that sold the drunk driver the alcohol if the driver was already intoxicated at the time of the sell.

In the past, courts did not hold bar and liquor store owners responsible for anything their customers do after leaving their place of business. But that is no longer the case in most parts of the country. Dram shop laws are quite common these days, but also still controversial since many people are concerned that someone could be unfairly accountable for another person’s actions. Regardless of controversy, Dram Shop laws are meant to ensure that everyone takes responsibility for their own actions. This includes the obligation of owners to sell their alcohol responsibly in order to reduce the potential risks of deadly outcomes and consequences that result from drinking too much.

Dram Shop Law Facts

There are a few misconceptions about Dram Shop laws. Let’s clear those up right now. Continue reading to learn the truth about these lawsuits, and who to trust for responsible legal representation if you are a victim of a drunk driving accident or alcohol-related accident.

❶ Dram Shop lawsuits are civil, not criminal.

While most people wrongly assume that a Dram Shop lawsuit is a criminal matter, it is in fact a civil matter and falls under tort law. Those found liable will not face jail time, but may be forced to pay restitution for a victim’s losses and damages.

❷ Minors can sue for self-intoxication accidents.

In some states, if a bar or liquor store owner sells alcohol to a minor, and that minor causes an accident that results in injuries to themselves or others, they may be able to sue the store owner for their damages since it is against the law to serve minors alcohol.

❸ Adults may be able to sue for self-intoxication accidents.

In a few states, adults who injure themselves or others after being sold alcohol when they were already intoxicated can sometimes sue bar or liquor store owners. This is called first party dram shop law, and they are hard cases to prove. Not only are they very rare, they are even banned in most states.

❹ The basis of most dram shop lawsuits is recklessness.

Many people would assume that Dram Shop laws are based on negligence since they are civil tort lawsuits. However, the basis of most Dram Shop law cases is recklessness. That is because it is reckless to sell an intoxicated individual alcohol, not negligent, since negligence implies there was no intention. It is easy to spot the signs of intoxication, and an alcohol-serving establishment has a duty of care to know these signs and look for them at all times.

Indianapolis Accident Attorneys to Trust

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for alcohol-related personal injury claims in Indianapolis, Indiana. Our seasoned accident attorneys offer free initial consultations to review your claim, and never collect lawyer fees unless we recover a settlement for you. Call 317-881-2700 to speak with an Indianapolis personal injury lawyer you can trust.

Accident Liability for Hosting an Employee Party With Alcohol

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

At any party with alcohol being served, excessive drinking is always a possibility. For this reason, hosts are often concerned about being held liable for a drunk person’s damages or injuries. If you are an employer that is planning to host a social gathering for your staff, it is important to learn some vital information about host-alcohol liability in the case of an intoxication-related accident. Continue reading to understand your potential liability in such situations, and how to prevent it.

Dram Shop Laws

Dram Shop laws pertain to commercial vendors like bars, restaurants, and package stores, and holds business owners responsible for injuries and damages caused by an intoxicated customer. They vary greatly from state to state, and retain separate sets of limitations regarding the amount of damages a victim can sue for. Unless you are a commercial vendor of alcohol, it unlikely for you as an employer, or anyone for that matter, to be held liable for another person’s alcohol overindulgence and subsequent damages. However, it is not impossible.

Intoxicated Individuals and Victims

In most states, a drunk person cannot sue a host for injuries and damages they endured or caused to themselves. But if an intoxicated individual causes harm or damages to another person, a third-party lawsuit can be filed by the victim, against both the intoxicated person and the host that served them the alcohol. This is especially common in cases when the defendant does not have sufficient insurance to cover their victims’ damages. But the limitations to the host’s liability differs from state to state.

Limited Liability State to State

In some states, the law does not impose any liability on a social host at all. Other states simply limit the amount of liability on a social host to accidents that occur on their premises. And some states actually extend the limit of liability to accidents and injuries that occur after they have left their premises, such as traffic accidents. But almost all states hold social hosts liable for intoxication-related accidents when 1) alcohol was served to minors, 2) Alcohol was served recklessly, or 3) a “reasonable” host should have recognized a guest’s level of intoxication and stopped serving alcoholic drinks.

Employer Liability

Many states also hold employers responsible to a certain degree when social gatherings are held for a business-related purpose. This extra duty of care is imposed on employers under these circumstances since many employees feel obligated to attend an office party more so than another social event. In order to prevent employer-liability for over-intoxicated guests, be sure to make your social gathering’s focus on entertainment, rather than drinking. There are several steps you can take to lessen the possibility of overindulgence and alcohol-related accidents.

Preventing Alcohol-Related Accidents

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

First and foremost, you should never serve minors alcohol, or allow them to consume it under your nose. Under perfect conditions, minors would not be allowed to attend an adult social gathering where alcohol is being served and consumed. Also, always discourage guests from over-drinking, stop them from drinking further when they’ve noticeably had too much, and strongly encourage designated drivers and sober transportation.Another great tip is to hold your workplace event at a local bar or restaurant. Under Dram Shop laws, this relieves your liability for alcohol-related accidents, and provides a wait staff that is professionally-trained to monitor everyone’s alcohol consumption and politely cut someone off when they have had too much.

Try a Cash Bar

If you must host an employee social gathering on company or personal premises, consider having a cash bar. Provide all the party supplies except the liquor, and have guests pay for their alcoholic beverages with their own money. Since you are not necessarily making alcohol entirely unlimited to your guests, you can be relieved of some liability. If you have questions about an alcohol-related injury case, contact a personal injury lawyer for professional guidance. They have the knowledge to provide accurate state-specific answers to your injury-liability questions and concerns.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for answers to your personal injury questions. Seasoned accident attorneys Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience. They are happy to answer your questions about a recent personal injury or accident, and even provides free initial consultations to discuss your case in person. Call 317-881-2700 for Indianapolis personal injury lawyers you can trust.