
One of the many problems we face today is the problem of drunk driving. Drunk driving injures and kills thousands of people and affects the lives of countless others. One of the unique areas of law that deals with drunk driving is the concept of Social Host Liability.
Social Host Liability is a concept that seeks to hold the person who provided the alcohol to the drunk driver responsible for the injuries caused by the drunk driver. Presently in Arizona, a “social host” cannot under any circumstances be held responsible for one of his/her guests who drinks (even to extreme excess) and then causes an accident after leaving the party.
What is a Social Host?
The first question to consider is who is a social host. A social host is the person who holds a gathering of any kind, from a two-person dinner to a large company party, birthday party, wedding, etc... A social host can be an individual, such as who or I who hold a party at or home, or a corporation, or a group (such as a social organization). The size of the event is irrelevant; it can be a single guest to thousands of attendees. The location of the party is also irrelevant. As long as the alcohol that is provided is FREE, generally the person supplying it is classified as a “social host”.
When is a Social Host Liable?
In most states, a social host is liable for damages (both physical and financial) suffered as a result of a drunk guest who causes injury to another person when all of the following requirements are met:
- The social host served alcohol to the person who caused the personal injury or property damage in question;
- The social host knew, or should have known, that the person who caused the personal injury or property damage was intoxicated; and
- The social host knew that the person who caused the personal injury or property damage would be driving after the social occasion.
All of these requirements must be meet for liability to arise under the Social Host Liability principles. The social host is not automatically liable if their guest injures someone or something while intoxicated. It is only if all of the above requirements are met that the social host is liable.
How is Arizona law Different?
Arizona does not follow the same concepts of Social Host Liability as other parts of the country. In fact, Arizona has adopted a specific statute which limits a social hosts liability.
4-301. Liability limitation; social host
A person other than a licensee or an employee of a licensee acting during the employee's working hours or in connection with such employment is not liable in damages to any person who is injured, or to the survivors of any person killed, or for damage to property, which is alleged to have been caused in whole or in part by reason of the furnishing or serving of spirituous liquor to a person of the legal drinking age.
Under Arizona law, a social host cannot be held liable for injuries suffered as a result of someone who attended a party and injured someone while intoxicated. There are only two exceptions to this general rule: First, if the social host is licensed to sell or provide alcoholic beverages that person can be held responsible; Second, if the intoxicated person is under the legal drinking age.
How Can a Social Host Avoid Liability?
While Arizona has eliminated Social Host Liability in most cases, it always better to be safe than sorry so here are some tips to avoid social host liability in Arizona or other parts of the country. The safest way of avoiding liquor liability as a social host is to not serve alcohol at your social events. If you decide to provide alcohol at your event here are a few ideas to try and reduce or potential exposure:
- Have a designated driver program for your function and encourage people to be designated drivers – provide non-alcoholic drinks for these guests and make sure they have the car keys.
- Limit the amount of alcohol at your event and limit the amount of alcohol per attendee
- Hire bartenders top monitor the serving of alcohol. While this does not release you from liability, it may provide additional protection to reduce your potential exposure.
- Insure your homeowner’s or business insurance covers liquor liability. If it does not you may be able to purchase single-event insurance for a large event.
While Arizona currently has no social host liability, we have seen many circumstances where a single event can change the law in Arizona.
Lesson: If you are serving alcohol at a party or gathering, please do so responsibility. Monitor your friends and guests, and if it appears someone is drinking too much, cut them off, take away their keys or arrange for alternate transportation. If they refuse, do not hesitate to call the police to come assist. The inebriated guest and all of the innocent people on the road will be grateful to you for the tragic accident that never occurs because you were responsible enough to watch, listen and care.