Social host liability refers to the body of law (statutes and court opinions) that governs the liability of social hosts who serve alcohol to adults or minors. The question of social host liability arises when the adults or minors served alcohol are injured, or injure others.
In many states a social host—including the guest’s employer—who does not charge an adult guest—18 years or older in some states and 21 years or older in other states—for alcoholic drinks and who does not serve the beverages under the authority of a license or permit—is not liable for the guest’s actions or injuries to himself or others.
But in most states an adult social host is liable for personal injuries and property damage caused by a minor to whom the social host provides or furnishes alcoholic beverages—especially if the social host knew or should have known the minor would drive a motor vehicle under the influence or if the minor was obviously intoxicated when the social host provided or furnished alcoholic beverages.
Laws regarding social host liability vary from state to state and are usually located in a state’s statutes.
In California, social host liability is governed by both state statutes and case law. Under California law, a social host can be held liable for injuries or damages caused by a minor who was served alcohol at the host's event. Specifically, California Civil Code section 1714(d) states that a social host who furnishes alcoholic beverages to any person under 21 years of age may be held liable for injuries or damages caused by the intoxicated minor. This liability applies if the social host knew or should have known that the minor was under 21 and if the minor's intoxication was a contributing factor to the resulting injuries or damages. However, for guests who are 21 years of age or older, social hosts generally do not face liability for injuries or damages those guests cause to themselves or others after consuming alcohol provided by the host, unless the host's actions were reckless or the provision of alcohol was inherently dangerous. It's important to note that these laws are subject to change and can be interpreted differently by courts, so consulting with an attorney for specific legal advice is recommended.