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 South Dakota, social host liability is somewhat limited compared to other states. Under South Dakota law, a social host who provides alcohol to a person of legal drinking age (21 years or older) generally is not liable for damages or injuries that person may cause or sustain after consuming the alcohol. However, if a social host knowingly serves alcohol to someone under the age of 21, they can be held liable for any resulting damages or injuries. This is particularly the case if the underage individual causes harm to themselves or others, or if they drive under the influence. It's important to note that social host liability laws can be complex and may be subject to interpretation by courts, so the specific circumstances of an incident can greatly affect the outcome of any legal proceedings.