Social Host Liability

Nearly 35 states have "social host" laws that make adults criminally and civilly liable when they provide alcohol to an underage youth who then causes injury or death. Adults may be sued to cover damages and injuries that result from that teen's intoxication.

When it comes to underage drinking parties, social host laws widen the scope of enforcement to make parents responsible when they allow minors to possess or consume alcohol. An adult can face probation, steep fines, and jail time.

Seven thousand youths died from alcohol-related injuries last year. For tens of thousands more, alcohol use led to sexual assault, crippling accidents, illness, or addiction.

Designating drivers does not eliminate the risk. Hiring bartenders does not insulate the host from liability.

What Parents Should Know

• It is illegal, unsafe, and unhealthy for anyone under age 21 to drink alcohol.

• As a parent you cannot give alcohol to your teen's friends under the age of 21 under any circumstances, even in their own home, even with their parents' permission. If you do, you are breaking the law.

• You cannot knowingly allow a person under 21, other than your own child, to remain in your home or on your property while consuming or possessing alcohol.

• Whether for a graduation party, a holiday celebration, a prom or a birthday celebration, the liability of offering alcohol to a person under 21 is the same.


The National Instutute of Alcohol Abuse and Alcoholism has found that parent's attitudes about alcohol influence their children's drinking habits.  They have also found that when parents promote something illegal it sends the message to the kids that it's okay to break the law.

Some high school students may view proms and graduation as a rite of passage into an adult world in which alcohol and celebrations go hand-in-hand. Occasionally, parents support this belief by hosting prom or graduation parties where alcohol is provided.

When adults provide alcohol to underage youth, it sends a mixed message that can add to a teenager's confusion about the acceptability of drinking. This also sends the message to teens that they do not have to obey the law. It is illegal, unsafe, and unhealthy for anyone under age 21 to drink alcohol. Underage drinking parties are a health and safety problem and can result in serious legal ramifications.

• Refuse to supply alcohol to children or allow drinking in your home or on your property.

• Be at home when your teenager has a party.

• Make sure that your teenager's friends do not bring alcohol into your home.

• Host safe, alcohol-free activities and events for youth during prom and graduation seasons.

• Provide non-alcoholic beverages.

• Consider live music, hot tub rental, catered food -- anything that will make the party a whole lot of fun without alcohol.

If You Break the Law

• If alcoholic beverages are given to minors and you are present, you may be charged with Endangering the Welfare of a Child.

• If your child permits underage drinking, he or she may be arrested on the same charge.

• If illegal substances are found on your premises, you and/or your child may be arrested. Use of any illegal substance in your home or on your property may subject you to arrest.

• If there is unreasonable noise or disorderly conduct in your home, you may be charged with being a Criminal Nuisance.

• Any assault, damage to property, larceny or permitting those at your home to drive under the influence of alcoholic beverages or drugs may subject you or any person in charge of the premises to be arrested.

• If persons attending a party at your home cause injury or damage to others, you may face civil liability – even if you weren't there.

• You will be liable if your neighbor's property is damaged by those attending a party in your home.

• You will be liable if someone is injured off your property, involved in a motor vehicle accident or property damage after obtaining any illegal or dangerous substance in your home.

• If a person becomes sick from any substance, he or she obtained on your property, you will be liable.

• You can face a maximum sentence of six months in jail and/or a $1,000 fine.

• Other's can sue you if you give alcohol to anyone under 21 and he or she, in turn, hurts someone, hurts him/herself, or damages property.

• Officers can take any alcohol, money, or property used in committing the offense (See Property Forfeiture).

Tips for Students

• Choose a safe place for your party where there is supervision and a telephone.

• Make sure everyone knows that alcohol and drugs will not be tolerated.

• Know everyone who comes to your party.

• Be sure that a responsible adult is present throughout your party to help supervise.

• If things get out of hand, use the phone, call for help, call the police.

• Provide only non-alcoholic beverage choices.

• Make sure there is plenty of food, music, dancing etc. to do without alcohol or drugs.

"Building trust is a process, not an event.  Time is the key.  Simply caring about a child is all that it takes to start.  Children don't care about how much adults know until they know how much adults care."