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. Generally, a social host in California is not held liable for the actions of their adult guests (those 21 years or older) who become intoxicated at a social gathering, as long as the host does not charge for the alcoholic beverages and is not serving under a license or permit. However, California does impose liability on social hosts who provide alcohol to minors (persons under the age of 21). Under California Civil Code Section 1714(d), a social host who knowingly furnishes alcoholic beverages to a minor may be held liable for injuries or damages caused by the intoxicated minor. This liability is particularly relevant if the social host knew or should have known that the minor would be driving a motor vehicle or if the minor was visibly intoxicated. It is important for social hosts in California to be aware of these laws to avoid potential legal consequences.