New England Businesses and their Social Host Alcohol Liability

16 Jul New England Businesses and their Social Host Alcohol Liability

Are you planning to host a party with New England Party Bus, but concerned about the possibility of excess drinking and responsibilities for the resulting damage and injury? Here’s a quick look at your potential liability and what you can do to prevent it.

When You’re Accountable

Unless you sell liquor for a living, you’re unlikely to be responsible for any injury caused by drunk employees under what is called “dram shop” laws. These laws generally only apply to commercial vendors of alcohol, such as bars, restaurants, and package stores.

A drunk person can’t collect for injury to himself, but a third party injured by the actions of a drunk person can collect from a social host under certain circumstances. This is especially important when the drunk person has little or no insurance to cover a serious or fatal injury.

Laws vary widely by state, with some states not imposing any liability on social hosts. Other states such as New England limit responsibility of social hosts to injury that occurs on the premises where the party is being held. Other states extend social hosts’ liability to injuries from traffic accidents involving the person to whom they served alcohol.

Most states inflict liability on social hosts where:

• The host was reckless in serving alcohol or should have recognized the extent of the guest’s intoxication and not served him or her more alcohol
• Alcohol is served to a minor

Also, “reckless” serving of alcohol will always be a factual issue to be decided by a judge or jury. A social host should never serve a minor or encourage guests to drink excessively.

Business Situations in New England

Whether or not the social event involves business associates and employees, a social host shouldn’t continue to serve a guest after they’re “visibly intoxicated” and/or it becomes obvious that they’ve had too much to drink and their judgment or physical coordination is impaired.

Many states also inflict liability when an employer serves as host and the event involves a business purpose. While laws vary greatly depending on the state, the employer host generally has a greater duty to the employee guests due to the perception that an employee may feel obligated to attend an office party more than some other social event.

Precautionary Steps

Although the focus of your Phoenix party bus should be on entertainment, there are many things you can do to lessen the possibility of being held responsible for your guest’s actions after drinking too much.
• If possible, host the event at a restaurant or bar licensed to serve alcohol, where professional waiters can monitor alcohol intake and politely cut off anyone they perceive has had enough to drink
• Provide everything except the liquor, and host a cash bar. Guests purchase the alcohol themselves, and you’re somewhat removed from being accused making unlimited alcohol available to your guests
• Make sure no minors are served
• Discourage guests from drinking excessively, and stop serving anyone who appears visibly intoxicated.

Reassure all guests to use designated drivers and provide alternative forms of transportation, such as New England party bus, mini coaches or vans, and provide a “safe ride home” transportation option. Rather than letting someone wander out the door in an obvious intoxicated state, it makes sense to enlist another guest headed in their direction.

In extreme circumstances, you may have to take your guest’s car keys and insist they sleep over. A little prevention can go a long way, and may even save someone’s life.

Questions To Be Asked To Your Lawyer

• Am I liable if an intoxicated party guest lies and informs me he is going home in a taxi, but instead drives and becomes involved in an accident?
• Am I liable if a guest is secretly giving alcohol to a minor without my knowledge?
• Would I be liable if a guest who drinks at my party goes to a bar afterwards and then gets in a car accident?

Also, booking a motorcoach company like NorthEast Charter & Tour Co. to transport your guest at home is safer that letting them drive alone under the influence of alcohol.