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 generally limited when it comes to guests who are legally permitted to consume alcohol. This means that a social host in South Dakota who provides alcohol to an adult guest (21 years or older) without charge and without a license or permit is typically not liable for that guest's subsequent actions, including any injuries or damages they may cause to themselves or others. However, the situation is different when it comes to minors. If a social host knowingly provides or furnishes alcohol to a minor, or if the host should have known that the minor would likely drive under the influence or was already intoxicated, the host can be held liable for injuries or damages caused by the minor. It's important to note that these laws can be complex and may change, so it is advisable to consult with an attorney for the most current and applicable legal advice.