Can I Be Sued for Serving Alcohol in My Home if Someone Gets in a Wreck?
Dram Shop Laws
The set of laws that provide for legal liability in a case in which a person receives liquor and then causes a motor vehicle or other type of accident. Dram shop laws are named as such because of the 18th century establishments called “dram shops” that sold gin in spoonfuls to patrons. These laws allow victims of DUI crashes and their families to sue the establishment or alcohol vender who sold liquor to the person who ultimately caused the crash. The final result may be that the liability is split between the drunk driver and the establishment so that the establishment shares in the financial payout to the victim or his or her family. At the time of publication, 43 states and the District of Columbia had some version of a dram shop law. The only states that do not have a dram shop law include Delaware, Kansas, Louisiana, Maryland, Nebraska, Nevada, South Dakota and Virginia.
The extent of these laws varies greatly. For example, some states limit liability only if a person was obviously intoxicated. Other states limit liability only if the individual who caused the DUI accident is a minor. Nevada and South Dakota specifically shield licensed establishments from legal and financial liability. Even in states that have dram shop laws, damages may be limited. These laws may specifically include or exclude liability for social hosts.
Social Host Liability
Another set of laws that may implicate individuals who serve alcohol in their home is social host liability laws. These laws often hold social hosts liable for injuries caused after they have served minors alcohol. Their liability often extends to the minor and to any other individuals who are injured by the minor’s actions. However, other states do not hold social hosts responsible only for minor guests but also hold them responsible for accidents that even adult guests cause. These laws vary widely as some rely on the social host serving someone who is clearly inebriated while others focus only on minors. The states that have social liability laws in place regarding furnishing alcohol to minors include Alabama, Arizona, Florida, Illinois, Kansas, Michigan, New Hampshire, Utah and Wyoming. General social host liability laws that are imposed on hosts who serve alcohol to guests regardless of age include Alaska, Arkansas, Connecticut, Hawaii, Maine, Maryland, Massachusetts, Missouri, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Washington and Wisconsin.
Common Law
In addition to statutes that specifically discuss a host’s liability, the common law may also provide relief for injured victims. Traditionally, common law has held that social hosts should not be held liable for harm caused by their guests after serving them alcohol. However, a negligence theory may supply another route for a personal injury victim to recover if a host negligently served alcohol, especially if the person who caused the accident was a minor.
Proving a Case
In order for a personal injury victim to prevail in a case involving negligence, social host liability laws or dram shop laws that apply to social hosts, the victim must usually prove specific elements. Many laws center on whether the guest was drunk at the time the host provided alcohol to him or her. This will likely involve showing the guest’s blood alcohol level, testimony by other people present who observed how much the individual drank and other evidence that shows that the guest would have been perceived to be obviously intoxicated by a reasonable person. Additionally, the personal injury victim must be able to show a causal link between the furnishing of alcohol and the injuries that he or she sustained. Additionally, the personal injury victim may have to show that it was reasonable that the guest would get behind the wheel of an automobile after drinking the alcohol that the host served.