In some states, the law places certain responsibilities on a party host. Hosts must do their best to keep a guest from becoming intoxicated before leaving the host’s home, or the location of the hosted event.
Who could qualify as a host?
A host could be a renter, a homeowner or anyone that has provided a guest with an alcoholic beverage. Injury Lawyer in Sudbury know that the social host liability laws were meant to put a limit on the offers of a beverage that might be made to anyone under 21 that has chosen to attend a social event.
Types of cases that arise, as the result of social host liability laws
1st party cases: Each such case involves an injured plaintiff that was given a number of drinks at a party. That same plaintiff then became intoxicated, and, after leaving the same party, got hurt in a car accident.
3rd party cases: Each of these cases involves an injured plaintiff that had not been driving a vehicle, after leaving a social gathering. Instead, the plaintiff/victim got hurt when a drunk driver hit the plaintiff’s car, or hit the same plaintiff/victim. Typically, the drunk driver is someone under the age of 21, someone that had been repeatedly offered an alcoholic beverage, while at a social event.
In both of the above cases, the plaintiff must have some basis for the accusation that has been made against the person that hosted a particular event.
Types of unacceptable behaviors that could become the basis for an accusation against a host
Negligence: The person hosting a certain event was careless. He or she did not plan ahead, so that those guests under the age of 21 would not have ready access to alcoholic beverages. A parent would be deemed negligent if that same parent had allowed a young son or daughter to invite friends over, and then felt free to serve those same friends a round or two of drinks.
Recklessness: In this case the accused defendant has shown a blatant disregard for the risks that have become associated with serving a beverage that contains alcohol to a youth that is under the drinking age. Reckless hosts might not bother to ask the age of any young guest, but would proceed to keep offering drinks to the same young person.
Intentional misconduct: In cases of intentional misconduct, an adult that has hosted an event would know that a certain guest was under the age of 21, but, despite that fact, would offer to give that same guest a beverage that could cause him or her to become intoxicated. The adult would know that such behavior was unacceptable, but would do it anyway.