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 Kentucky, social host liability is somewhat limited compared to other states. Kentucky does not have a specific social host liability statute that holds social hosts accountable for the actions of their adult guests who become intoxicated. This means that if an adult guest (21 years or older) is served alcohol at a private event without charge and subsequently causes injury or damage, the host typically is not liable for those actions. However, when it comes to minors, the law is stricter. Kentucky Revised Statutes section 413.241, known as the 'Apology Act,' does provide a cause of action against any person who unlawfully provides a minor with alcoholic beverages if the consumption of the alcohol is a substantial factor in causing an injury or death. This means that a social host who furnishes alcohol to a minor may be held liable if that minor causes injury or damage as a result of being intoxicated, especially if the host knew or should have known that the minor would likely drive or if the minor was visibly intoxicated.