You might think that when you host a party for your adult friends, it is up to them to decide how much alcohol they drink. As the host of a party, you have many tasks to fulfill, like making sure that you don’t run out of food or beverages and that people have a good time. Many people do not realize that the host of a private party could get sued if a guest drinks too much and hurts someone.
If you have had friends or family imbibe a little too much at a recent party and cause an accident, you may want to talk with a lawyer right away. Our Chicago personal injury attorneys could help protect your legal rights in this situation.
But I’m Not a Bar – How Could I Be Liable?
Most people know that if a bar serves additional alcohol to a person who is obviously intoxicated, the bar could get sued if that individual harms someone else. Not as many people know about the concept of social host liability.
Let’s say that you have some friends over for a barbecue in your backyard or a holiday gathering. One of your guests has a few too many alcoholic drinks. Even though you did not charge admission to your guests, as a social host, you could get sued if the intoxicated person drives drunk and injures someone. There is no requirement in Illinois that you be a commercial establishment or charge admission to have legal liability.
What Happens if the Guest Did Not Look Drunk?
Alcohol tolerance varies from one person to the next. One person might appear to be extremely drunk after one glass of wine, while another person might pound back glasses of Scotch and still look sober. You need to keep two things in mind:
- The amount of alcohol consumption does not always equate to a person becoming impaired by alcohol. If a guest appears drunk after what does not seem like much alcohol, you should not serve the person additional drinks or let the individual drive.
- If a guest has consumed copious quantities of alcohol but appears unfazed, you will not want that person to have more drinks or to drive. Your guest could get into a collision and fail a breathalyzer test, potentially harming others and exposing you to liability.
Generally, the law does not require social hosts to serve as babysitters of adult guests, keeping track of exactly how much alcohol each person consumes. Social host liability usually happens when a guest’s intoxication has been obvious to people attending the party.
Can the Guest Who Drank Too Much Sue Me?
Usually not. If you served alcoholic beverages to underage guests who then got hurt, you could face liability because it is illegal to serve alcohol to minors.
Your adult guests are usually responsible for their own actions, so if they get injured, they would have a hard time blaming you for their choice to consume alcohol. Your liability would be limited to third parties who get harmed by adult guests who drink too much at your party.
Contact Our Chicago Personal Injury Attorneys
The Chicago civil rights and personal injury lawyers of Hale and Monico can talk to you about what to do if one of your guests got drunk at your party and ended up in an accident. Contact our office today for legal assistance.