Am I Liable for Damage or Injuries My Guest’s Cause After Drinking At My Party?
New Jersey is one of several states with social host liability laws on the books. Many people are unaware that hosting a private party and serving alcohol can open you up to all sorts of liability. In certain instances, a social host can be found responsible for harm caused by their intoxicated guests.
If you’ve been injured or a loved one has passed away due to a drunk driving accident in New Jersey, you might be able to pursue compensation through a social host liability claim. Though your suffering is immeasurable, financial support during this time can help you while you heal.
Call the car accident lawyers at Maggiano, DiGirolamo & Lizzi today at (201) 585-9111 to schedule a FREE case evaluation. You may have a social host liability claim for compensation, and we want to make sure you pursue the justice you deserve.
Liquor Liability Laws
Historically, liquor liability laws have been scarce. People are generally held responsible for the consequences of their own alcohol use. However, in some instances, the intoxicated person may not have insurance or the means to pay for the damages they’ve caused. Some state lawmakers and courts stepped in to expand liability.
Liquor liability laws hold those who sell or supply alcohol responsible for the actions of intoxicated customers and guests. There are two main types: dram shop and social host liability laws. These statutes hold bars, taverns, restaurants, other alcohol-serving establishments, and private party hosts responsible for injuries incurred by drunk patrons and guests.
Dram Shop Law
Dram shop laws boil down to this: servers are not allowed to serve alcohol to visibly drunk patrons. If they do, they could be held liable for the injuries the drunk person causes someone else.
New Jersey’s dram shop law is found in N.J.S. §§ 2A:22A-1–7. Under this law, a licensed alcohol server is negligent if they serve a “visibly intoxicated” patron, meaning the customer is in “a state of intoxication accompanied by a perceptible act or series of acts which present clear signs of intoxication.” They would also be deemed negligent if they served a minor when they should have reasonably known that the individual was underage.
Social Host Liability Law
Certain states, including New Jersey, extend these dram shop laws to social hosts at private parties. In other words, if someone throws a birthday party and overserves a guest, who then gets behind the wheel and causes a car accident, the party host may be found liable for the other driver’s injuries.
Social host liability laws typically don’t allow the intoxicated guest to file suit. Rather, a third party who is injured (as a result of the drunk guest) has the right to file a personal injury suit against the social host.
Social host liability can also apply to serving minors. In many states, minors are the only ones allowed to file first-party dram shop lawsuits. In other words, if a minor is served at a bar or private party and they injure themselves as a result, they could file suit against the establishment or social host. (Among those over 21, only third parties can file a social host/liquor liability suit—not the drunk person themself.)
What Is the Social Host Liability Law in New Jersey?
The New Jersey social host liability laws are codified in §§ 2A:15-5.5–5.8. Per the statute, a “social host” is defined as “a person who…invites another person onto an unlicensed premises for purposes of hospitality…and who legally provides alcoholic beverages to another person who has attained the legal age to purchase and consume alcoholic beverages.”
Social host liability law provides a civil remedy for personal injury or property damage resulting from a social host’s negligent provision of alcohol to guests of legal drinking age. If someone gets hurt or their property is damaged due to a social host serving alcohol irresponsibly, the law outlines the specific conditions under which they can seek damages.
Who Can Be Held Liable for Injuries Caused By an Intoxicated Guest?
When an intoxicated guest causes injury or property damage, the social host may very well be held liable for the losses suffered. To hold a social host liable, several conditions must be met:
- The host must have willfully and knowingly provided alcohol to a person who was visibly intoxicated either in their presence or under circumstances showing reckless disregard for the potential harm.
- The host’s provision of alcohol must have created an unreasonable risk of foreseeable harm to others, and the host must have failed to exercise reasonable care to prevent this harm.
- The injury must have resulted from an accident caused by the intoxicated person while operating a vehicle.
If these criteria are met, the social host could be held accountable for the harm caused by their negligent actions. However, it must be kept in mind that New Jersey law does not allow the intoxicated guest to file a claim against the social host. Only the person(s) injured by the inebriated person can seek compensation from the social host.
Social host liability laws can be tough on a social host. For example, the host does not have to physically serve the alcohol to the guest to be liable for the damage caused. Even if guests serve themselves at the party, New Jersey law says the host is still responsible for ensuring no one becomes overly intoxicated.
Additionally, the guest does not have to be visibly drunk in front of the host for the host to be liable. If the drinks were provided “under circumstances manifesting reckless disregard of the consequences” to someone else, creating an “unreasonable risk” of harm to life and property, the host could be liable for injuries.
If Someone Gets Drunk at a Party I Hosted, Am I Liable for Injuries They Cause to Themselves or Others?
If the above criteria are met, you could be liable for the injuries the drunk person causes to others. However, you would not be liable for the injuries the intoxicated person caused to themself.
Damages in a Social Host Liability Claim
Someone injured by an intoxicated party guest could be entitled to compensatory damages through a social host liability claim. Compensatory damages in a personal injury case can include:
- Medical expenses
- Rehabilitation & physical therapy
- Future anticipated medical care
- Lost wages
- Decreased future earning potential
- Value of household & childcare services
- Property damage
- Pain & suffering
In cases where a defendant’s actions “were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeably might be harmed by those acts or omissions,” punitive damages may be sought (§ 2A:15-5.12(a)). These damages are meant to punish wrongdoers for their behavior and deter others from acting similarly.
Consulting with a car accident attorney can help you determine the viability and value of your claim. We encourage you to promptly seek legal advice as the statute of limitations on personal injury claims in New Jersey is only 2 years.
What Is the Responsibility of a Host With Drinking Guests?
Given the social host liability laws in New Jersey, hosts should take precautions to protect themselves and their guests. Some strategies to promote safe drinking practices include:
- Hire a licensed bartender
- Arrange for designated drivers
- Offer non-alcoholic beverages
- Serve food
- Pay attention to guests’ levels of intoxication
- Contact a rideshare service
- Limit your own alcohol consumption
While we host get-togethers with the best intentions, things can go terribly wrong should a guest get behind the wheel of a car while drunk. We must all do our best to protect each other. Should you be injured or lose a loved one, however, seeking justice is important.
Contact Maggiano, DiGirolamo & Lizzi for Guidance
If you or a loved one have been injured in a drunk driving accident, you may have recourse under social host liability law. Contact the New Jersey car accident lawyers at Maggiano, DiGirolamo & Lizzi today to schedule a FREE case evaluation.
We would be honored to answer all your questions and help you fight for the justice and compensation you deserve for your ordeal. We proudly represent our neighbors in Fort Lee and throughout New Jersey and New York.
