In Massachusetts, a social host is usually someone who: The law of social host liability does not exist in Massachusetts by law: in other words, the law is not the product of a legislative act. This is called the right to decide. Also known as “dram shop liability,” corporate host liability laws vary widely from state to state, but 43 states have them on their books. Most of these laws also provide a method for an injured person, such as the victim of an intoxicated driver, to sue the person who served the alcohol. Under these laws, there are circumstances in which criminal charges may also apply. The aim of this law is to reduce the number of minors under the influence of alcohol and to encourage party hosts to act responsibly. Guests must carefully regulate who has access to alcohol, evict guests, and stop drinking minors as soon as they are informed. This means that a claim with a social host can be filed for legal compensation for medical bills, missed paychecks, and other expenses related to the injuries of a minor who was served alcohol at their party. It should be noted that the host of the party can also be held responsible for the damage suffered by the minor at fault. Social host liability is the legal term for the criminal and civil liability of a person who provides alcohol to a guest. The responsibility of social hosts can have serious consequences for partygoers. injury.findlaw.com/accident-injury-law/social-host-liability.html Most states have enacted laws that hold hosts responsible for alcohol-related injuries caused by the supply of alcohol to minors.
This includes injuries sustained by the minor as well as any other person whose injury or death is due to the minor receiving alcohol. Some states have more general laws on liability for social hosts, which are not limited to minors, but to anyone who has been encouraged or allowed to drink excessively, to the point where they have been injured or killed or caused the injury or death of another person. States with host social responsibility laws that apply to guests of all ages: Remember that a good host is a responsible host. If you plan to serve alcohol at a party, promote safe drinking and take the following steps to reduce your liability to social hosts: Social host liability laws are a proposed strategy to reduce drunk driving, heavy episodic drinking, and underage drinking1, 2, 3, 4, 5. that these guidelines can reduce heavy episodic alcohol and drunk driving3, 5, particularly among adolescents who are already drinking.6 A study of youth aged 18 to 20 shows that such laws are more likely to affect drunk driving than excessive alcohol consumption.4 States with civil liability laws for social hosts appear to have fewer fatal accidents involving underage drunk drivers than states without such laws; The number of fatal accidents among underage drunk drivers does not appear to differ significantly in states with corporate host criminal liability laws and states without such laws.7 Host social responsibility laws are similar to so-called dram shop laws, which hold bars and liquors accountable for injuries or deaths related to the actions of heavily intoxicated guests. In fact, some states` dram store laws (which apply to businesses that offer alcohol) also cover social hosts. 4 Dills 2010* – Dills AK. Responsibility of the social host for minors and minors in case of drunk driving accidents. Journal of Health Economics.
2010;29(2):241-9. The Host Social Responsibility Act extends liability for injuries caused by drunk driving accidents and other alcohol-related accidents from the person who actually caused your injuries to the person who served the alcohol to that person in the first place. For example, if “John” throws a party at his home where he serves alcohol and “Jim” attends the party, gets drunk, drives home, and injures you in an intoxicated car accident in Massachusetts, the Social Host Liability Act can hold the party host “John” responsible for your injuries in addition to “Jim.” This law does not relieve “Jim” of legal responsibility for your violations, it simply allows the person who served the alcohol to “Jim” to be held legally liable. Essentially, it broadens the scope of potential defendants in a Massachusetts assault case like this. This extension of civil liability to the corporate host reflects the judge`s view that any person serving alcohol is legally bound to the public to serve alcohol safely, responsibly and prudently. Although most people consider the host of a party or social event to be an adult, it is important to note that the legal definition of a “social host” includes both adults and minors. GFPC-Lacy 2011 – Lacy D, Becket M. A guide to implementing a social care ordinance in your community. Steamboat Springs: Grand Futures Prevention Coalition (GFPC); 2011. In 2016, 31 states provided for criminal penalties for adults who organize underage drinking events.10 The laws of ten states focus specifically on minor parties, 21 states have policies of broader scope.10 Thirty-three states have laws that provide for civil liability for injury or damage caused by minors supplied with alcohol.7 Four states (Delaware, Kentucky, North Carolina, and West Virginia) and Washington DC do not have a law that addresses the liability of social hosts.10, 11 Host social responsibility laws make private owners who provide or permit the supply of alcohol to minors or people obviously drunk on their property liable if someone is killed or injured as a result of the supply of that alcohol. The responsibility of social hosts varies from State to State and may take the form of criminal or civil measures. Legal Definition of the Social Host Liability Act: The Social Host Liability Act in Pennsylvania holds party hosts liable for damages caused by minors who have consumed alcohol under their supervision.
The function of the State Social Hosts Act is to make social hosts legally liable – and liable – for any alcohol-related injuries inflicted on themselves and others. Underage drinking nights may be smaller in communities that have a social admission policy in place than in communities where this is not the case.8 A California analysis suggests that social host responsibility when implemented with other interventions may reduce excessive alcohol consumption among students at off-campus parties, bars, and restaurants.9 .