Hosting a Party This Spring?
04.11.2007
Understanding the liability of being a social host is important.
Spring is the season for celebration. The time of year we emerge from our cocoons and raise a glass to the reawakening world. Most of us will attend or host a wedding, graduation party, spring social, tax refund party, family reunion or picnic. Of course, many of these activities will include alcoholic beverages and the occasional guest who drinks too much. What is the liability of the social host who serves alcoholic beverages to a guest who later injures himself or another person?
A "social host" is anyone who hosts a social gathering, including individuals, employers and organizations. The social host doctrine involves situations where a person, employer or organization provides alcoholic beverages to another who in turn injures themselves or another person as a result of intoxication. Under the social host doctrine, the social host can be held liable for injuries suffered by an injured third party. A social host is not liable for injuries sustained by the intoxicated guest. A guest is prohibited from suing the person who served him alcohol because the guest participated in the conduct and consequently is negligent on their own part. The social host, however, can be liable to a passenger who is in an accident while riding with the intoxicated guest. The social host doctrine does not apply to situations where the alcohol is purchased from a person or entity licensed to sell liquor or beer, such as a bar or tavern.
Pennsylvania residents who host a party can find relief in knowing that, so far, Pennsylvania courts have largely rejected the social host doctrine of liability, establishing that there can be no liability on the part of a social host who serves alcoholic beverages to his or her adult guests. The reasoning is that the host is not negligent in furnishing the alcohol, but rather, it is the guest who is negligent in consuming the alcohol to the point of intoxication. Pennsylvania courts justify this stance by explaining that an able-bodied, competent adult knows the effects of alcohol and should be responsible for the consequences of his or her consumption of it. Accordingly, it is the adult guest, not the host, who will be held responsible if their intoxication unintentionally causes damage or an injury.
The law in Pennsylvania is completely different, however, with respect to harm caused by minors. An adult social host is responsible for the harm caused by an intoxicated guest if that guest is under the age of 21. Because the law considers minors incapable of handling alcohol, an adult host not only may be criminally liable, but also can be held negligent for illegally furnishing alcohol to a minor. Interestingly, and based on the same reasoning, a minor host will not be held responsible for harm caused by an intoxicated minor guest, since the host, like the guest, is a minor and thereby deemed incapable of knowing the effects of alcohol. However, the parents of the minor host may be held responsible if the parents knew or should have known that the minor was furnishing the alcohol.
Although a social host in Pennsylvania is not responsible for unintentional harm caused by an intoxicated adult guest, such as an automobile accident, Pennsylvania courts have held a host liable for the intentional wrongdoings of his or her intoxicated guest. For example, if an assault occurs because a social host continued to serve alcohol to a guest whose subsequent aggression was reasonably foreseeable, the host may become liable to the victim of the guest's assault.
Although a social host is largely protected from liability under Pennsylvania law, our neighbors in New Jersey do not have the same protection. New Jersey Courts have held a social host liable for furnishing alcoholic beverages to an obviously intoxicated adult who later operates a motor vehicle. In such circumstance, what can a social host do to avoid potential liability when serving alcohol to guests? One option is to limit the amount of alcohol served to guests and to monitor guests to make sure no one leaves intoxicated or they drive with a designated driver. Of course, these precautions may not be feasible in certain circumstances, especially for larger parties. A potential social host should also check to see if they have insurance in place either through a homeowner's, business or umbrella insurance policy to cover this type of liability. If not, you may wish to make inquiry to your insurance agent to see if you are able to purchase insurance for special events where alcohol will be served.
It is worth noting that many of the landmark Pennsylvania court decisions regarding the non-liability of social hosts involved divided courts, where some Justices wrote adamant dissents against the majority's decisions. There is always the possibility that the position of Pennsylvania courts could shift, and a social host could become liable for the unintentional actions of their intoxicated adult guests. Accordingly, from a legal perspective, caution as a social host is advisable - the law could always change.
