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 Delaware, social host liability is governed by state statutes that address the provision of alcohol to minors. Under Delaware law, an adult social host may be held liable for damages or injuries caused by a minor if the host knowingly serves alcohol to someone under the age of 21, or provides a location where alcohol is consumed by minors. This liability can extend to situations where the minor causes harm to themselves or others, particularly if they drive under the influence. However, Delaware does not impose social host liability on adults who serve alcohol to guests who are of legal drinking age (21 and over) in a non-commercial setting, as long as they do not have a license or permit to serve alcohol. It is important for social hosts in Delaware to be aware of these laws to avoid potential legal consequences.