08/13/2026
Social Host Liability
If you are having a party, wedding reception or other event where alcohol will be served or even just having friends over for a few beers, you need to be aware of Social Host Liability. If one of your guests leaves your event and is involved in an accident that severely injures or kills someone (other than the intoxicated person from your party) you could be liable and the liability could be huge.
The test for liability is when a social host serves alcohol to a person they know or should know is intoxicated and they know that that person will be later driving, the social host can be held liable for the damages caused by their drunk guest.
The reason this poses a huge liability to the host is normally the damages in these cases are very high. If the drunk causes little damage then the drunk's insurance will be enough to cover it. In cases in which the host is pulled in it typically means that the damages are so high that the drunk's insurance or assets aren't enough to cover all the damages.
As a social host what can you do to protect yourself if you have made the decision to serve alcohol at your event?
1. Be totally aware of what is going on. If the host is also drinking he or she will not be as likely to notice whether guests are drinking too much and intend to drive.
2. Hire a professional bartender and give instructions not to serve those who become intoxicated. This takes the decision making process away from the host and places it on someone who won't be drinking and has more experience in spotting those who have had too much to drink. It can, also, insulate the host from liability if the bartender is a true independent contractor.
3. Have someone in charge of making sure no intoxicated guests drive at the end of the night. Again, if this person has not been drinking it provides another level of due diligence on behalf of the host by having someone "inspect" guests before they get behind the wheel.
4. Insurance!!! Make sure you have an umbrella policy that will protect you in the event that you are sued. Even if you have tried to be careful, if you have a party and serve alcohol and someone is severely injured or killed by one of your guests, you are probably going to get sued. You may win in the end if you have been careful, but having insurance for it means not only will you have coverage if you lose, you will also have someone else paying the legal bills while you fight it.
Serving alcohol at events does raise liability issues. Make sure you consider them prior to the event. You do not want what was to be a fun event to end up being something that injures or kills someone else and bankrupts you.