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 Georgia, social host liability is somewhat limited compared to other states. Under Georgia law, social hosts who serve alcohol to adults are generally not held liable for the actions of their guests once they leave the premises. This means that if an adult guest becomes intoxicated at a social event and subsequently injures themselves or others, or causes property damage, the host typically cannot be held responsible. However, the situation is different when it comes to minors. Georgia law does impose liability on social hosts who knowingly provide alcohol to individuals under the age of 21. If a minor is served alcohol by a social host and then causes injury or property damage, the host can be held liable, particularly if they were aware or should have been aware that the minor would be driving or if the minor was visibly intoxicated. It's important to note that these laws can be subject to interpretation by courts, and outcomes may vary depending on the specific circumstances of each case.