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 New Mexico, social host liability is somewhat limited compared to other states. New Mexico does not generally hold social hosts liable for the actions of their adult guests who become intoxicated, as long as the host does not charge for the alcoholic beverages and is not serving under a license or permit. However, when it comes to minors, the law is stricter. Under the New Mexico Liquor Control Act, it is illegal to provide alcohol to a minor, and a social host can be held liable if they serve or furnish alcohol to a minor who subsequently causes injury or property damage, particularly if the host knew or should have known that the minor would likely drive a motor vehicle while under the influence or if the minor was visibly intoxicated. This liability can extend to personal injury and property damage caused by the intoxicated minor.