At this time of the year, you will likely find yourself attending- and hosting – more parties than at any other point on the calendar. With all the revelry and celebration which surrounds the holiday season, from Thanksgiving to New Year’s Day, there is unfortunately an uptick in alcohol related accidents and injuries. You may wonder if it is your responsibility if a party guest falls in your home, or leaves your party intoxicated and causes an accident. These situations fall under Florida’s social host liability laws, which provide protections and guidelines to deal with these circumstances.
Social Host Liability Laws
Social host liability refers to the established case law that imposes liability on social hosts as a result of their serving alcohol to adults or minors.
Typically, a social host is a private individual who serves alcohol in a non-commercial setting – in other words, not a bar or restaurant establishment. Persons who may find themselves up against a lawsuit under this body of law are those who provided alcohol to an already intoxicated social guest who was then involved in a vehicle crashes (or other activity) which resulted in death or injury to them or a third party. It may also apply to those who knowingly supplied alcoholic beverages to minors.
Serving alcohol to individuals who have not reached the legal age for the consumption of alcohol is illegal in the United States. A social host who serves alcohol to minors or allows minors to consume alcohol on their premises may potentially face criminal charges.
Note: Depending on state jurisdiction, there may be exceptions to the minor law, including the service of alcohol to minors in family settings or for religious reasons.
Florida Liability Law
Social liability laws vary from state to state. Some do not address the issue at all, but Florida law does set a standard for this issue. The 2019 Florida statute reads specifically:
“A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.”
Premises Injury
With so many people in your home and property over the holidays, can you be sued if they are injured on your property?
The general consensus is that if a homeowner’s premises do not pose an unreasonable risk to the partygoer, you may be sued but your liability will be limited, possibly to an insurance payout for medical bills. The exception is if there is an identifiable risk of which you did warn your party goers with a sign or by cordoning off the area. While a party guest cannot typically sue because they got drunk at your party, they may be able to sue if they got drunk and then fell through a broken step on your porch and got injured.
We all want to enjoy this time f year, and no one wants to think about the possibility of a lawsuit. As a homeowner, make sure there is no unreasonable risk in your home before inviting people over – and make sure you are not serving alcohol to any minors. We wish you a safe and happy holiday with friends and family.
If you feel you were unnecessarily injured sue to someone’s negligence this holiday season, call the personal injury attorneys at Probinsky & Cole.
