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 Florida, social host liability is somewhat limited compared to other states. Florida law does not generally hold social hosts liable for the actions of their adult guests who are served alcohol in a private setting, as long as the host does not charge for the alcoholic beverages and is not serving under the authority of a license or permit. However, when it comes to minors, Florida Statute 856.015, known as the 'Open House Party' statute, does impose liability on social hosts. Under this statute, a social host can be held criminally responsible if they knowingly allow a minor to consume alcohol or drugs at a party, gathering, or event they are hosting. If the minor causes injury or property damage after being served alcohol by the host, the host could face legal consequences. It is important to note that while criminal liability is clear under the 'Open House Party' statute, civil liability for social hosts in cases involving minors is less certain and may depend on the specific circumstances of the case.