Social Host Liability Laws in NJ

By: Daniel P. Agatino, Ph. D., Esq.

So, you have decided to throw a holiday party. You’ve picked out the menu, you’ve written out the invitations and you’ve purchased the alcohol; you’re all set. Well, almost; there is still one more task you should consider. What is your alcohol policy going to be? It may seem odd to think about an actual alcohol policy but consider that many states have laws which hold party hosts liable for accidents caused by their intoxicated guests.

In a previous article, we’ve covered the topic of serving alcohol to minors, now we turn our attention to the topic of social host liability laws.

Specifically, in New Jersey, NJSA 2A:15-5.6 provides the “Exclusive civil remedy” for personal injury claims or property damage resulting from the negligent provision of alcoholic beverages by a social host to a person who has attained the legal age to purchase and consume alcoholic beverages.

This social host liability law may be new to some, but it is a corollary to a well-established body of law knows as dram shop laws. Dram shop laws address the subject of the liability of bars, restaurants that serve alcohol and liquor stores, with respect to injuries or deaths caused by intoxicated customers.

Before getting too nervous and making plans to either cancel your party plans or have an alcohol-free soiree, consider taking some common sense preventative measures. After all, the law has traditionally recognized that individuals are responsible for their own actions and New Jersey’s social host law is not meant to place the entire burden of a guest’s sobriety on the shoulders of the host.

At common law, it was generally recognized that if a guest at a party gets drunk and then injures a third party, or damages anothers property, the host was not usually legally liable to that third party. This standard was qualified, in some instances, when a host was shown to be negligent in serving alcohol to an already intoxicated person, who then harms a third person.

New Jersey’s law recognizes the reasonableness of this standard and actually incorporated language into the statue which limits the conditions under which a host can be sued. Some examples of the limitations on liability include proving that:

“(1) The social host willfully and knowingly provided alcoholic beverages either:
(a) To a person who was visibly intoxicated in the social host’s presence; or
(b) To a person who was visibly intoxicated under circumstances manifesting reckless disregard of the consequences as affecting the life or property of another…”

So, what is your alcohol policy? As you can see, merely providing a reasonable amount of wine or cocktails to your sober guests is not a cause for concern. However, if you do see a guest has become intoxicated your choices are clear, either invite the person to spend the night, arrange for a ride to take the guest home or, unfortunately, involve the authorities before you are drawn into a holiday-ruining civil case.