Social Host Liability

What is social host liability and how does it work?

• Under social host liability laws, adults who serve or provide alcohol to minors or persons who are obviously intoxicated can be held liable if the person who was provided alcohol is killed or injured, or kills or injures another person.
  
• In some states, social host liability is covered under dram shop law. Dram shop liability refers to a drinking establishment's potential financial liability for serving alcohol to an intoxicated or underage person who later causes injury to a third party. However, dram shop law normally only covers commercial service and not private parties.
• Note that social host laws vary from state-to-state. Some state laws may only target those who provide to underage youth vs. intoxicated persons.
  

• Surveys of youth show that the most common sources of alcohol are the young person's own home or from persons over the age of 21 who purchase alcohol for them. (1, 2) Social host liability laws may deter parents and other adults from hosting underage parties and purchasing/providing alcohol for underage youth. (3)
  
• Some adults believe underage drinking is just part of growing up and therefore think it is acceptable to give alcohol to underage people. Social host liability laws send a clear message to adults that providing alcohol to underage youth is not acceptable.
• Many people do not realize that it may be illegal in their state to serve or provide alcohol to obviously intoxicated persons. Social host liability laws may act as a strong deterrent if providers believe that they will be sued if injury or death occurs as a result of the provision of alcohol to an obviously intoxicated person. (3)
  
• Without social house liability laws, it can be difficult to enforce laws against adults who provide alcohol to underage youth or intoxicated persons. Social host liability laws may act as a strong deterrent if providers believe that they will be sued if injury or death occurs as a result of the provision of alcohol to an underage or intoxicated person. (3)
  
• Research shows social host liability laws are effective. In an analysis of all 50 states, social host laws were associated with reductions in drinking-driving and heavy drinking. (3)
  

Considerations for passing this law in your state

ISSUE: Some states have Supreme Court decisions that bar suits by third parties where the alcohol was served by social hosts. (3, 4)
RESPONSE: If a state has a case history of decisions barring third party suits of social hosts, then activists should consider sponsoring legislation to provide for third party liability for social hosts who serve underage persons.

ISSUE: Parents may oppose such legislation, arguing that it is unfair to prosecute parents for providing alcohol to their own children.
RESPONSE: In most states, under social host liability laws, parents cannot be sued for legally serving alcohol to their own children- parents can only be sued for serving children other than their own. In addition, a national survey showed that 83% of adults are in favor of laws that impose fines on adults who provide alcohol to underage persons. (5)

ISSUE: Parents may also oppose such a law because it may seem unfair to prosecute parents who do not give their children permission to have parties in their home.
RESPONSE: Social liability laws usually apply to parents who fail to take adequate precautions to prevent underage drinking on their property can be held liable for negligence. Some laws only hold those adults responsible who "knowingly" allow underage drinking parties in their home. (3)

Enforcement: It may be difficult to enforce a law against hosts who provide alcohol to underage or intoxicated persons unless the person is caught destroying property or causing injury to themselves or others. It is important to take steps to identify and intervene in situations where people may be providing alcohol to youth or intoxicated persons. For example, police can routinely patrol alcohol outlets to prevent the transfer of alcohol from adults to underage persons outside of these establishments, and flyers can be distributed at liquor stores that educate purchasers about the legal liability for providing alcohol to youth or intoxicated individuals.

Social host liability cannot by itself eliminate youth's access to alcohol or provision of alcohol to intoxicated persons. Although some providers may be deterred by the threat of civil or criminal liability, other alcohol control policies such as keg registration can help identify those who provide alcohol to youth and intoxicated individuals. (see keg registration).

What other states have done

As of 2002, 32 states in the U.S had social host liability laws in place (www.madd.org ). In states that do not have host liability laws, cities and communities have passed social host liability ordinances. For example, in 2004, 18 cities in San Diego County in California passed social host ordinances.

A tragic event in St. Paul, Minnesota on New Year's Eve 1997 led to increased social host liability in Minnesota. A 16-year-old boy, Kevin Brockway, died in a car crash after attending a friend's party where he drank alcohol provided by the host's father. A local coalition, Minnesota Join Together, effectively used this tragedy as an opportunity to increase public and legislative awareness of the need for greater criminal and civil penalties for social providers. The coalition used funds from a state incentive grant for a large media campaign around the social host issue. On May 24, 1999 the governor of Minnesota signed into law the "Brockway bill" that extended felony prosecution beyond sellers to include anyone who barters, furnishes or gives alcoholic beverages to a person under 21 years of age who becomes intoxicated and as a result causes or suffers death or great bodily harm. Media attention around this bill kept legislative and public attention on the social host problem, and on April 19, 2000 the governor signed another bill that extends civil liability to adult social providers for damages caused as a result of intoxication by underage youth. (6)

For more information, contact:
Ewald Consulting
1000 Westgate Drive , Ste. 252
St. Paul, MN 55114
E-mail: info@mnjointogether.org
http://www.mnjointogether.org/index.htm

1. Jones-Webb R, Toomey T, Miner K, Wagenaar AC, Wolfson M, Poon R. Why and in what context adolescents obtain alcohol from adults: A pilot study. Substance Use & Misuse , (2):219-28, 1997.
   
2. Wagenaar AC, Toomey TL, Murray DM, Short BJ, Wolfson M, Jones-Webb R. Sources of alcohol for underage drinkers. Journal of Studies on Alcohol , 57(3):325-33, 1996.
   
3. Goldberg JM. Social host liability for serving alcohol. Trial , March:31-33, 1992
   
4. Stout EM, Sloan FA, Liang L, Davies HH. Reducing harmful alcohol-related behaviors: Effective regulatory methods. Journal of Studies on Alcohol , 61(3):402-12, 2000.
   
5. Wagenaar AC, Harwood EM, Toomey TL, Denk CE, Zander KM. Public opinion on alcohol policies in the United States: Results from a national survey. Journal of Public Health Policy , 21(3):303-27, 2000.
   
6. Personal communication. Jeff Nachbar, Minnesota Join Together Director, Mounds View, MN.

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