why do you think i should be liable for having a party and my guest hurts himself
i understand because i gave him alocohol but what els? why should the host be liable?
2007-12-11 09:39:42 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I don't think you should, but the law does... He got hurt at your house... I think he should have been more careful.
2007-12-11 09:43:14 · answer #1 · answered by A W 5 · 0⤊ 1⤋
Depends on the nature of the injury and the parties involved.
The concept is called Host Liquor Liability.
However, that does not mean the intoxicated guest is not liable. The intoxicated guest (esp if over the age of 21) is also liable for his actions as well. "I was drunk" is not a defense.
So- if you are having a party - and you provide and serve alcohol - your 21 year old guest gets drunk and trips over his own feet b/c of his intoxication and hurts himself - he will have a very hard time placing the blame on you for his injuries. He will bear responsibility for choosing to imbibe excess amounts of alcohol and falling down.
Now - you provide alcohol and your 21 year old guest gets drunk and drives home - crosses the center line and hits another car head on killing the driver of the other vehicle - your guest will be liable for his injuries and will again -have a very difficult time coming back against you. However, the estate of the innocent driver is going to sue the pants off both of you and win.
If you provide alcohol to a guest under 21 - you got bigger problems than just Host Liquor Liability.
If you chose to provide and serve liquor to guests at your home - there is responsibility that goes with it.
2007-12-11 18:18:59 · answer #2 · answered by Boots 7 · 0⤊ 0⤋
Contrary to what everyone believes, most jurisdictions do not make you liable in the situation you describe.
"No social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages." (Calif. Civil Code 1714(c))
Most other states have very similar statutes.
The dram shop laws that the insurance adjuster mentioned exist in a handful of states, but those laws typically apply only to commercial establishments, not social hosts.
2007-12-11 18:14:07 · answer #3 · answered by Mr Placid 7 · 0⤊ 0⤋
Dram shop laws make you legally liable if you serve someone who is visibly intoxicated.
You can be liable if you allowed some hazardous condition to exist, which caused injury to a guest.
2007-12-11 17:44:37 · answer #4 · answered by regerugged 7 · 0⤊ 0⤋
Give more details...If you gave a minor alcohol then you are liable. You are also liable if you allow someone to leave your house drunk, just like some bars are, and can be sued!
2007-12-11 17:44:14 · answer #5 · answered by elaine 3 · 0⤊ 0⤋
Longstanding legal precedent. If you provide alcohol to guests (especially underaged guests) and they drink too much and do stupid things, you can be held liable. I don't see a problem with that.
2007-12-11 17:45:34 · answer #6 · answered by Whoops, is this your spleeen? 6 · 1⤊ 0⤋
It was on your property. That means with our current tort system, you're liable. Like it or not.
If you have homeowners insurance, let the insurance company deal with it.
If not, then maybe you should contact a lawyer.
2007-12-11 17:46:52 · answer #7 · answered by jplrvflyer 5 · 1⤊ 0⤋