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 Illinois, social host liability is governed by both state statutes and case law. Under the Illinois Liquor Control Act, also known as the Dram Shop Act, a social host can be held liable for damages caused by an intoxicated person if the host provided the alcohol that contributed to the person's intoxication. However, this liability generally applies to commercial providers of alcohol, such as bars and restaurants, rather than private social hosts. For private social hosts, Illinois law does not typically impose liability for serving alcohol to adults, but it does impose liability for providing alcohol to minors. If a minor is served alcohol by a social host and subsequently causes injury or property damage, the host can be held liable. This is particularly the case if the social host knew or should have known that the minor would drive under the influence. It is important for social hosts in Illinois to understand these laws to avoid potential legal consequences.