I'm curious if someone at a party of mine who is of the age of 21 and asked to spend the night if drunk, decides to leave anyway and gets pulled over and caught. Are they held liable for their own mistake or am I held liable for not restraining them?
2006-12-19 04:12:01 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Host liability laws differ from state to state. The liability laws even differ in the way your guest was served his alcohol.
If you personally served him his drinks.....you can be held responsible.
If there were a bar set up and everyone poured his own....or took their beer directly from a refrigerator or a tub with ice...then HE is responsible.
It's a difficult question....while HE is responsible for the DUI charge.... he CAN sue you for damages if you served him and let him leave the party while intoxicated. Whether he will win in court is another matter.
The best advice is to talk to a competent attorney in your area for advice. Laws differ in most every state.
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2006-12-19 04:20:12 · answer #1 · answered by Joey Bagadonuts 6 · 0⤊ 0⤋
I know you could be liable if they harmed someone else, but are you liable for their DUI charges? I don't think so, really.
In circumstances like this, it's usually advisable to have a key bowl that every participant is required to put their car keys into at the beginning of the party. They can't get them back unless the host approves them as sober.
You cannot physically restrain someone, however. That would be illegal. You could threaten to call the police if they leave - might ruin a friendship, but in the long run it could be a lot cheaper than a lawsuit brought by a family that's hit by the drunk driver. I figure if someone's disrespectful enough to get drunk and leave you open to liability, they're not that great a friend anyway...
2006-12-19 04:24:36 · answer #2 · answered by tagi_65 5 · 0⤊ 0⤋
Most places that serve alcohol is required to carry insurance to ensure that in an event that placed a patron leaving ,gets in an accident or gets ticketed for DUI or DWI ,yes you are to be held responsible.This is why we in the bar are required to carry liability insurance.If you severed the alcohol from your house, or if they brought their own maybe where the difference falls. If they where at your house then more than likely you will be found responsible
2006-12-19 04:50:37 · answer #3 · answered by forensic_arson_investigation 1 · 0⤊ 0⤋
You would be held liable if they cause an accident that causes someone to get killed. If the cops catch them first, then you are off the hook. So if that happens, it would be wise to call the cops and report the person who drove away drunk. If you attempt to restrain them, it can be considered kidnapping and unlawful restraint.
2006-12-19 04:15:57 · answer #4 · answered by Joe K 6 · 0⤊ 1⤋
I should not be answering this because of the fact i don't be attentive to the respond. I somewhat have, although, hosted many events the place people get intoxicated. My travelers are consistently inspired to spend the nighttime if and whilst they get decrease than the impression of alcohol. I consistently propose them on the start to have a delegated driving force. there have been many circumstances I somewhat have been pushed and threatened whilst attempting to get them to no longer tension. On extra suitable than one social gathering I somewhat have been very very nearly run over attempting to get them to end. How can they make a regulation making the host to blame?
2016-12-11 12:11:03 · answer #5 · answered by fearson 4 · 0⤊ 0⤋
No it's on that person. Just like any 21+ y.o. person who chooses to leave any establishment where alcohol is provided the establishment isn't responsible for that individuals decision.
You would be liable if while at your home something occurred that caused injury to your attendees, they could in turn sue you.
2006-12-19 04:30:34 · answer #6 · answered by thinkmovement 2 · 0⤊ 1⤋
You may very well be liable even though you attempted to restrain your guest.
2006-12-19 04:15:42 · answer #7 · answered by bandit 6 · 0⤊ 0⤋
Not sure. But why risk it! Pretend you are responsible either way, and have each person bring a designated driver.
2006-12-19 06:23:32 · answer #8 · answered by peacfulwar 3 · 0⤊ 0⤋
To the best of my knowledge, if they are 21 or older, in PA (where I live) no one else is responsible.
Namaste,
--Tom
2006-12-19 04:15:26 · answer #9 · answered by glassnegman 5 · 1⤊ 0⤋
Nope. You're not going to be held, but if you don't actually tell them that they shouldn't be going, and they then run someone over, think about that on your conscience.
Think.
Drink and drive?
Drink and d i e.
2006-12-19 04:16:16 · answer #10 · answered by Anonymous · 1⤊ 1⤋