A social host law decides when a person can be held responsible for injuries or damage connected to alcohol they served at a private gathering, like a house party or backyard barbecue. Florida also has a separate law governing liability for furnishing alcohol, including limited circumstances involving minors and people known to be habitually addicted to alcohol. In most cases, a host isn’t liable for injuries caused by an adult guest’s intoxication. Florida law does recognize limited exceptions, including when alcohol is knowingly served to someone habitually addicted to alcohol or when minors are involved.
If you were hurt in an alcohol-related incident at a home or private event, you don’t have to figure out who’s responsible on your own. An Orlando personal injury lawyer at DWK Law (Dellecker, Wilson, King, McKenna, Ruffier & Sos) can explain your options and help identify the parties who may be liable.
Can you be sued if a guest leaves your party drunk and hurts someone?
It depends on who was drinking. If your guest was of legal drinking age, you’re usually not on the hook for what they do after they leave, even in a city like Orlando where house parties and out-of-town guests are common. If minors were drinking at your home, liability can depend on whether you knew they were possessing or consuming alcohol and failed to take reasonable steps to stop it.
What happens if minors drink alcohol at your house?
This is where the risk gets serious. Florida Statute § 856.015 makes it illegal for a person 18 or older who controls a residence to knowingly allow a minor to possess or consume alcohol there while failing to take reasonable steps to prevent it. A violation is generally a second-degree misdemeanor. Repeat violations, or certain cases involving serious bodily injury or death, can be first-degree misdemeanors.
What if you didn’t know your guests were drinking?
The key word in the law is “knowingly.” You’re expected to take reasonable steps to prevent underage drinking, not to guarantee that a determined teenager never sneaks a drink. A few things can help protect you and your guests:
- Keep alcohol supervised or secured at all times.
- Know who’s coming. Keep a guest list and avoid open invitations that let minors show up unnoticed.
- Set expectations early, so every guest knows not to give alcohol to minors and that underage drinking won’t be ignored.
- Act immediately if you find a minor drinking, whether that means pulling the alcohol or shutting the party down.
- Arrange safe rides home for anyone who’s intoxicated, especially minors.
Whether the host knew about the drinking and took reasonable steps to prevent it can be important in determining liability.
Who pays when an intoxicated guest hurts someone?
It depends on the circumstances. When a guest of legal drinking age chooses to drive drunk or act dangerously, the cost usually falls on that guest or their insurance. When a host may be legally responsible, insurance coverage depends on the specific homeowners’ or renters’ policy and any applicable exclusions.
Injured in an alcohol-related incident? DWK Law can help.
If you were hurt because someone else was careless with alcohol, you shouldn’t have to shoulder the financial fallout for a choice that wasn’t yours. Florida law can be tricky here, since it depends on where the person got the alcohol and whether a minor was involved, but you don’t have to sort it out alone.
Whatever the situation, we’re here to help. Call us at (407) 244-3000 or reach out online to schedule a free case consultation and learn more about your options.