Social host liability is created by a
statute or
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 ...
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 ...
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 drinke