Under what circumstances would a private social host be found negligent after serving alcohol and why?

Question

This does not involve the serving of alcohol to underage minors, as that is obviously a crime.

Answer 1

Negligence is a tort that is committed when a person who owes a legal duty to another fails to fulfill that duty through conduct that falls short of the standard of care, and foreseeable harm reslts. In most states of the US, there are statutes known as "dram shop" acts that can apply to social hosts under a very few circumstances. Essentially, these statutes say two things: first, it is unlawful to serve alcohol to a person who is already drunk. Second, it is unlawful to serve so much alcohol to a sober person that s/he becomes drunk. Because there is a law that forbids doing these acts, a person who violates these laws is said to be "negligent per se" if s/he violates the law and an innocent person who fits into the class of persons protected by the statute is harmed.

Answer 2

If you are serving alcohol at a gathering (including your own home) and someone gets in an accident and the cause is found to be a high alcohol level, you can be held responsible. It may include being sued or paying for damages caused. Bartenders take the same chances.

Answer 3

Serving to someone who already had to much to drink. No brainer!