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‘Tis the Season

Tis’ the season, and many of you will be hosting, and attending, holiday parties.  Several clients have asked whether serving alcoholic beverages exposes them to liability for injury or property damage caused by inebriated guests.  The short answer is “No”.
Many states have “dram shop statutes” that impose liability on providers of alcoholic beverages for accidents caused by inebriated patrons.  However, these statutes do not, except in limited circumstances, apply to “social hosts”; individuals who are not in the business of serving alcoholic beverages.  The limited circumstances are (1) where the social host hired a bartender and charged for each drink; and (2) where the social host served an underage drinker.  In the first instance, the social host is acting like a bar, and a higher duty of care might be imposed.  Where an accident involves an underage drinker, liability arises because state laws prohibit the service of alcohol to those not of legal drinking age.
Protect yourself while making merry.  Don’t serve anyone who is not of legal age, and call a cab for any guest who’s had one too many.
Barbara Burns: I provide my clients with advice and counsel on a broad range of subject matter, including entity formation and corporate governance; labor and employment; regulatory compliance and copyright and trademarks. I assist my clients in the negotiation and execution of transactional matters, including the acquisition and sale of businesses and business assets; financing arrangements; and hiring and firing of employees. In addition, I review, revise, negotiate and draft contractual agreements of all kinds. Providing my clients with information, counsel and transactional assistance in a timely and efficient manner, saves them time money and angst, and frees them to operate and grow their businesses.
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