Am I Legally Responsible for My Drunk Guests?

A social host liability law is a state statute that imposes civil damages liability—not criminal responsibility—on those who serve alcohol (or allow alcohol to be served or consumed) at a function they host. Some states also impose criminal liability for knowingly serving alcohol to minors (or letting them drink on the host's property). In this article, our concern is with damages, not jail time or criminal fines.

In this in-depth look at social host liability laws, we'll answer these questions:

• How do social host liability laws work? Who's liable? Who can sue?
• How are social host liability laws different from dram shop laws?
• What do you have to prove to win a social host liability case?
• Can your holiday party get you sued?
• How do you protect yourself and your guests?

How Do Social Host Liability Laws Work?

The basic idea behind social host liability is simple: When a guest gets drunk at a private gathering and later causes harm to others, the host who served that guest (or allowed the guest to drink at the host's gathering) can be on the hook for paying money damages to those who were injured or the relatives of those who were killed.

Each state makes its own social host liability laws. There are important differences from one state to the next, but most social host statutes share these common features. §

No Serving Minors or Visibly Drunk Adults

In most states with a social host law, liability is limited to hosts who serve underage drinkers (typically, those younger than 21 years old), or who allow them to drink on property the host owns or controls. Examples include:

• Cal. Civ. Code § 1714(d)(1) (2025), allowing claims against a parent, guardian, or other adult who knowingly furnishes alcohol at their residence to a person they knew or should have known was too young to drink
• Ariz. Rev. Stat. § 4-301 (2025), barring social host liability, but only for furnishing alcohol to those of legal drinking age, and
• N.Y. Gen. Oblig. Law § 11-100 (2025), making a social host liable for knowingly causing an underage drinker to become intoxicated by providing or helping them to buy alcohol.

In the remaining states, liability applies to those who either serve underage drinkers or adults who are visibly drunk, or who knowingly let underage drinkers drink on their property. Here are some typical statutes.

• In Maine, a social host can be liable for negligently (Me. Rev. Stat. tit. 28-A, § 2506 (2025)) or recklessly (Me. Rev. Stat. tit. 28-A, § 2507 (2025)) serving alcohol to an underage drinker or a visibly intoxicated person.
• New Jersey's law imposes liability for knowingly providing alcohol to a visibly drunk person of lawful drinking age, who then injures others in a car wreck. (N.J. Stat. § 2A:15-5.6(b) (2025).) New Jersey courts have extended this rule to those who let underage drinkers drink on their property. (See Estate of Narleski v. Gomes, 211 A.3d 737 (2019).)

Who Can Bring a Social Host Liability Claim?

There are two kinds of social host liability cases: "First-party" and "third-party." All states with social host liability laws allow third-party cases, but only a handful permit first-party cases. What's the difference?

First-party cases. A "first party" case is one brought against a host by the person they unlawfully served. For example, imagine that 16-year-old Susan went to Jeff's holiday party, where she got drunk on alcohol Jeff served to her. While trying to drive home, Susan hit a telephone pole and was seriously hurt. In a first-party state, Susan could sue Jeff for her personal injury damages.

Third-party cases. In a "third-party" case, the host faces liability to those injured by the person they unlawfully served. Return to the facts of our last example. Instead of hitting a telephone pole, Susan lost control of her car, crossed the center line, and ran head-on into an oncoming car driven by Sam, who was killed. Sam's estate can bring a third-party claim against Jeff to recover wrongful death damages.

Other Important Social Host Liability Law Features

Here are some other social host liability features to check for in your state.

• Not just social functions. The term "social host" can be a bit misleading, because many laws don't limit liability to those who host social gatherings. Social host liability can apply to business functions as well.
• Location might not matter. "Social host" might be thought to imply someone who hosts a party at their home, but in some states, the location doesn't matter. Social host rules generally apply to homeowners, renters, and those who host functions on business property. But a few laws even apply to functions at a rented venue like a restaurant, bar, or club.
• Actual service isn't required. Especially where underage drinkers are concerned, social host liability laws often don't require that the host actually furnish or serve alcohol. A host can be held responsible if an underage drinker shows up with their own alcohol and drinks it with the host's knowledge or permission.

How Social Host Liability Laws Differ From Dram Shop Laws

Social host liability laws are similar to dram shop laws, but there are important differences. For example:

• Dram shop laws impose liability only on sellers of alcoholic beverages (like bars, liquor stores, and restaurants). Social host liability, on the other hand, can be imposed on anyone who provides alcoholic beverages to guests or visitors, if that guest goes on to injure someone while intoxicated.
• Most social host liability laws are focused on adults who provide alcohol to underage drinkers. Dram shop laws usually apply even when the person purchasing or being served the alcohol is 21 or older.

How Do You Prove Liability in a "Social Host" Case?

To prove liability in any civil lawsuit, the plaintiff has to show that the defendant (the party being sued) behaved in a way that makes them legally responsible for the plaintiff's injuries.

In some social host liability states, the plaintiff must prove that the defendant was negligent—that they acted unreasonably or carelessly under the circumstances. This is the same standard that applies in car accident cases. In other states, liability requires proof of reckless or intentional misconduct.

Here's what those legal standards mean.

Recklessness

A person acts recklessly when they're aware of—and consciously disregard—a substantial and unjustifiable risk that something unsafe will happen. Basically, if you know or should know that an action is likely to be unreasonably dangerous but you do it anyway, you've acted recklessly.

A social host acts recklessly by continuing to serve a guest who's visibly intoxicated. Suppose that Mike is a guest at Karen's party. Mike has clearly had enough—he's slurring his speech, has trouble standing on his own, and is nodding off. Karen, aware that Mike has to drive home, continues to serve him.

Karen knew or should have known that giving Mike more drinks was likely to be unreasonably dangerous, but she served him anyway. Karen's behavior is almost certainly reckless (or worse).

Intentional Conduct

Some social host liability laws require that hosts act intentionally or with actual knowledge of a danger before they can be held liable for injuries. For example, a social host liability law might require that the host know that a guest was underage to be held liable. So, if the host credibly testifies that they didn't know their guest was under 21, they might avoid liability under their social host liability law.

Alternatively, a social host liability law might only hold the host liable if they actually knew (not "knew or should have known," but actually knew) that a guest was intoxicated. In that case, the host could try to escape liability by claiming that they simply didn't think the guest was drunk.

Can Your Holiday Party Get You Sued?

Holiday parties are a common example of situations when social host liability might come into play. Let's say Heather invites her friends, including Damon, to her house for a holiday party. She serves her guests wine and cheese. Damon ignores the cheese in favor of glass after glass of his favorite rosé, which Heather continues to encourage long after it's clear that Damon has had too many. After a few hours, Heather says goodnight to Damon and walks him to his car. At an intersection, Damon blows through a red light and plows into Paul's car.

In every state, Paul would be able to file a car accident insurance claim and lawsuit against Damon over the accident. And in some social host liability states, Paul might also be able to sue Heather. But whether Heather is liable varies from state to state. In some states, Heather will only be liable if she somehow broke the law in providing alcohol to Damon (if he's under 21, for example.) Elsewhere, Heather may be liable if she continued to serve alcohol to Damon when she knew or should have known that he was drunk and about to drive.

What about Damon? Can Damon sue Heather if he's injured in the accident? Only if the accident happened in one of a handful of first-party social host liability states. Even in states that have fairly broad social host laws, hosts aren't liable for injuries sustained by their drunken guests. Hosts are typically only liable for the harm their drunken guests cause to other people.

One notable exception is when a host provides alcohol to a minor. In that situation, a minor who is injured in an alcohol-related accident may be able to file a lawsuit against the host even if the minor caused the accident.

How to Protect Yourself and Your Guests

If you plan to serve alcohol to guests, you can take steps to reduce your exposure as a host and keep everyone safe:

• Understand your state laws. Some states hold hosts liable for overserving guests. Some states hold hosts liable for serving underage drinkers. A few states don't impose any liability at all. You need to know the laws in your state to protect yourself.
• Hire a bartender. Most bartenders are trained to recognize signs of intoxication and know when and how to cut partygoers off.
• Carefully pick your venue. In nearly all states, if you host a party at a restaurant or bar with a liquor license instead of your home you can limit your risk of getting sued.
• Don't push alcohol on your guests. Be responsible. You don't have to make sure your guests' glasses are always full to have fun. And make sure you have a variety of non-alcoholic drinks available for your guests, especially as the party winds down.
• Don't let drunk guests drive home. Encourage guests to pick a designated driver, get a ride home from a sober guest, call a cab or rideshare, or spend the night at your house if they're too drunk to drive.

Get Help With Your Social Host Liability Case

A social host liability case isn't like a typical car accident or other personal injury case. Why? Because legal responsibility is based on a statute. In order to win, you've got to prove all the required statutory elements. In some states, the law is fairly clear but in others, courts have modified the law by interpreting it in actual cases. If can be hard to know what your state requires if you don't have experience dealing with its laws.

That's where an experienced personal injury lawyer can help. They know your state's statutory social host law, and they also know how courts apply it to different facts. You only get one chance to make your case, so make it count. Here's how to find a personal injury lawyer who's right for you.