Social host liability refers to the civil responsibility a person may face for providing alcohol to guests who later get hurt or cause injury or damage to others. In Pennsylvania, the general rule is that social hosts are NOT responsible for harm caused by an intoxicated guest so long as the guest is of legal drinking age. However, the law is not so forgiving when alcohol is furnished to a minor, in which case the host can face serious liability for any harm that results.

Unlike dram shop laws—which apply to licensed bars and restaurants that sell alcohol to visibly intoxicated patrons —social host liability focuses on private hosts during events like family dinners, house parties, tailgates, barbecues, golf outings, BYOB gatherings, and holiday celebrations.

When can a social host be held liable for providing alcohol?

When alcohol is furnished to minors, the host can be responsible for injuries the minor sustains as well as injuries the minor causes to others. What constitutes “furnishing” alcohol to a minor is broad. Liability can attach when a person:

• giving a minor alcohol

• buying or paying for alcohol for a minor

• selling alcohol to a minor

• allowing a minor to access to your alcohol – for example, letting a person under 21 to take drinks from your cooler, refrigerator or liquor cabinet

• allowing a minor to drink alcohol on your property or at your event

• hosting a party or an event where alcohol is available to minors

• providing alcohol to an already intoxicated minor

In addition to being financially responsible for the harm that results, providing a minor with alcohol is a statutory offense that can subject the host to serious criminal charges, fines and even jail time.

Can a social host be held liable for providing alcohol to guest of legal drinking age?

Generally, no. In Pennsylvania, courts have held that there exists no common law liability on the part of a social host for serving alcohol to adult guests. This relies on the understanding that in the case of an ordinary able-bodied person, it is the person’s consumption of alcohol that is proximate cause of any harm that may result, rather than the host providing the alcohol. This protection can also apply to organizations and groups.

Here is a simple example:

If you host a holiday party at your house and serve alcohol to guests who are 21 and over, you are not responsible if they leave and cause an accident. But, if a minor is served alcohol at your event, you may be held responsible for any harm caused by the minor.

Why is it important to understand Pennsylvania social host liability?

• Understanding Pennsylvania’s social host liability laws helps hosts of events understand their responsibilities, avoid liability, and protect their guests.

• It helps parents and hosts to understand the risks and responsibilities when minors are present

• It helps injured persons and family members know who may be responsible when an alcohol-related accident occurs

How can you stay safe when hosting an event where alcohol is served?

• Never allow underage drinking

• Make sure minors do not have access to alcohol or a place to consume alcohol.

• Check identification to confirm guests ages

• Control your event so you know who is present and who has access to alcohol

• Hire a third-party bar service to serve the alcohol and monitor guests

• Make sure your guests get home safely with designated drivers or ride-shares

• Consider maintaining high liability limits on your insurance or adding excess liability coverage

Be a good host, don’t let your guests drive drunk.

Just because the law in Pennsylvania doesn’t hold you liable for your intoxicated guests who are 21 and over, we still encourage you to be a responsible host. Don’t overserve your guests. Take their keys. Get them a ride home. Help keep your guests and others using the roadways safe.