Social host liability is created by a

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

case law Case law, also used interchangeably with common law, is a 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 ...

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

alcohol Alcohol may refer to: Common uses * Alcohol (chemistry), a class of compounds * Ethanol, one of several alcohols, commonly known as alcohol in everyday life ** Alcohol (drug), intoxicant found in alcoholic beverages ** Alcoholic beverage, an alco ...

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 is not carried out in the interest of Profit (economics), profit. The opposite is Commerce, commercial, something that primarily serves profit interests and is focused on bu ...

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 () is a machine designed for self-propulsion, usually to transport people, cargo, or both. The term "vehicle" typically refers to land vehicles such as human-powered land vehicle, human-powered vehicles (e.g. bicycles, tricycles, velo ...

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 borders 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 ...

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

alcoholic beverage Drinks containing alcohol (drug), alcohol are typically divided into three classes—beers, wines, and Distilled beverage, spirits—with alcohol content typically between 3% and 50%. Drinks with less than 0.5% are sometimes considered Non-al ...

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