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Your Liability Risk as a Party Host
EINSURANCE.comTM
Planning a party in your home? Before you send out the invitations, check your homeowner’s policy to make sure you have sufficient homeowner liability coverage. Check your state social host laws, too. The majority of states and the District of Columbia have social host laws on the books regarding guests of all ages. And all 50 states make it illegal (with a very few exceptions such as religious services) to serve alcohol to anyone under age 21. Social host laws extend that prohibition to allowing alcohol to be consumed on your property, whether or not you personally poured or were even home at the time. That’s a sobering thought if you’re a parent.
Basically, social host liability extends the responsibility for the impact of alcohol consumption beyond the drinker to those who provide the drink. In some states that can mean you’re liable for injuries to the guest who drank at your party and drove, the passengers in the guest’s vehicle and damages and injuries that guest does to other drivers, their passengers, property and pedestrians. In other states, social host liability laws limit your liability to injuries sustained while the drunken guest is in your home or on your property – like crashing through your sliding glass door after four martinis.
The penalties for over-pouring can be stiff, especially if your guest is a minor. In addition to the claim against your homeowner insurance policy, you may face monetary fines, jail time, and civil lawsuit judgments for medical bills, property damage and pain and suffering.
After checking your homeowner’s or renter’s insurance policy, you can also take some proactive steps to avoid being on the wrong side of a social host liability law.
Throw your party at a restaurant or club and let the business serve the drinks.
Don’t let guests mix or pour their own drinks. Hire a professional bartender to do that and empower him to cut off guests who have had too much.
Never force refills on guests.
Take guests’ car keys when they arrive. Make it the price of admission. Talk to each guest before you return the keys and don’t surrender car keys to anyone you think is too impaired to drive. Call a cab or let them sleep it off in your spare room. Even if they argue with you, they’ll thank you in the morning.
Always serve food with alcohol and provide non-alcoholic alternatives.
If you are going out of town, alert a trusted neighbor to call the police to break up any underage partying. And lock up your alcohol in a safe place.
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