The holiday party at your home is jolly indeed, far more fun than even you had a right to expect.Your halls are decked with boughs of holly, the sideboard is groaning with rich provisions, and everything including your guests is sparkling with good cheer. Folks are mingling, nibbling, giggling ... and sipping. Your special spiked eggnog and bubbling champagne punch are great hits, and you fill up cups again and again. Some of your revelers seem a little tipsy, but that's what the holidays are all about, right? Eat, drink and be merry. After all, your guests are adults and can run their own lives, even if it means that they might drive home while intoxicated. It's not your problem. Right?
Wrong.
The last part of that "eat, drink and be merry" adage is, "for tomorrow we may die." Tragedy can occur if an intoxicated driver causes traffic accidents, injury or death on the trip home from the party. What's more, a social host can be held liable for injury or damages that an intoxicated guest might cause. This, indeed, sheds a sobering light on the merriment.
"In 1992, North Carolina recognized social host liability' that holds private hosts accountable for injury or damage done to a third party by a drunken guest who drives," says Carol Schwab, an attorney and legal specialist with the North Carolina Cooperative Extension Service at North Carolina State University. "During the holiday season, hosts need to know that, under certain circumstances, they are their brother's keeper. This applies, too, to business-sponsored events such as company Christmas parties, where employers may be held liable."
In order to be held liable for damage inflicted by a drunken guest, Schwab says certain conditions must be met. They are:
The first and third conditions are the easiest to prove, Schwab says. The second condition, however, may be more difficult. The fact that the guest was drunk at the time of the accident is irrelevant for social host liability. Events must tie the time the guest is served the alcohol with outward signs of intoxication. If other guests testify that the guest in question did not appear drunk at the party, then there is no social host liability.
Schwab says that liability is limited to injury or damage to a third parties. The guest is barred from suing the host for damages because the guest is also negligent. Furthermore, passengers in the drunken guest's car may also be barred from suing the host if they were negligent in riding with the guest.
What can a social host do to avoid potential liability involving guests and alcohol? Schwab offers some suggestions which may work in smaller gatherings where the host is more in control of circumstances:
The above tips may not be as effective for larger parties -- such as weddings, bar mitzvahs, retirement parties or other large events where guests might be serving themselves or where others are bartending. Hiring bartenders does not absolve the host, because bartenders act as agents of the host. In cases of large events, Schwab suggests the following:
"Though some people believe that these liability laws are unfair to the host, you must keep in mind that all this relates to the simple concept of negligence," says Schwab. "A social host has a duty to the people who travel on the public highways not to serve alcohol to an underage person or to an intoxicated guest who will be driving afterward."
Keep the season joyous and bright for those you care about ... and anyone else on the roads.
For more information, please contact an attorney or insurance agent.