I know if it’s a minor they can but what if it’s an adult who does it, does the homeowner bear any responsibility for the drunk persons actions? I know bars do and can be fined for allowing someone to over indulge.
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I know if it’s a minor they can but what if it’s an adult who does it, does the homeowner bear any responsibility for the drunk persons actions? I know bars do and can be fined for allowing someone to over indulge.
Posted in Renting & Real Estate
They can be. Its a dangerous situation to let someone get drunk at your home and take NO steps to prevent them from driving. It might be considered neglegience. It will vary from state to state.
You should also realize that you would have to spend a LOT of money to defend a civil case resulting from such an event.
Yes, indeed. You can be held liable and sued for damages. I’m not sure if there could be criminal charges.
It depends on what state. If you have a party, and a “reasonable person” could see another was too drunk to drive, and you did nothing to prevent it, then yes, in many states you could be charged with negligence.
Yes, you can be held liable in some states if you “over-serve” someone in your home, and they end up hurting or killing someone after they leave.
This issue came to national attention about ten years ago as state legislators fine-tuned their anti drunk driving laws after intense lobbying by orgs like M.A.D.D.
“The New Jersey Supreme Court has ruled that hosts who supply alcohol are liable”
“You may be sued if you were aware that your guest was intoxicated and you did nothing to prevent that person from driving or causing injuries to themselves or others.”
I recommend that you check with your local authorities or an attorney to see what the laws are in your jurisdiction.
why not
its a madd world
Almost never. Most states, either by statute or court decision, do not impose liability on social hosts. California’s statute, for example:
Civil Code 1714(c): No social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.
The reasoning in most instances is that imposing liability on the social host tends to minimize the responsibility of the truely negligent person: the drunk driver himself.