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 Virginia, social host liability is somewhat limited compared to other states. Virginia does not generally hold social hosts liable for the actions of their adult guests who consume alcohol at social gatherings. This means that if an adult guest becomes intoxicated at a social event and subsequently causes harm to themselves or others, the host typically is not responsible for those actions. However, Virginia law does impose liability on social hosts who serve or provide alcohol to minors. Under Virginia Code § 4.1-305, it is illegal to sell, give, or assist in providing alcohol to anyone under the age of 21. If a social host knowingly serves alcohol to a minor, or fails to take reasonable steps to prevent underage drinking, they can be held liable for any resulting damages or injuries caused by the intoxicated minor. This is particularly the case if the host knew or should have known that the minor would be driving a vehicle while under the influence.