What is Social Host Liability?
- Guido Gurrera
- 4 days ago
- 3 min read
Updated: 2 days ago
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 others¹. What constitutes “furnishing”
alcohol to a minor is broad. Liability can attach when a person knowingly:
Gives or serves alcohol to a minor
Buys or pays for alcohol for a minor
Sells alcohol to a minor
Allows a minor to access alcohol – for example, letting a person under 21 take drinks from a cooler, refrigerator or liquor cabinet
Provides a place for a minor to drink alcohol
Hosts a party or an event where alcohol is available to minors
Provides 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 time² .
Can a social host be held liable for providing alcohol to guests 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 alcohol³.
This protection can also apply to organizations and groups⁴.
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
Serve non-alcoholic beverages and have food or snacks for guests
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 over-serve
your guests.
Take their keys. Get them a ride home. Help keep your guests and others using the roadways safe.
Want to learn more about staying safe and keeping yourself protected under the law? Contact us to discuss your rights.
If you, or someone you know, was hurt in a drunk driving accident, or following a party where a minor was served alcohol, contact us right away for a free consultation.
The information on this page is for informational purposes only and should not be relied on for legal advice. The information relayed on this page does not create an attorney-client relationship. You should consult with an attorney about your individual case for legal advice.
Sources
1. See Congini v. Portersville Valve Co., 504 Pa. 157.
2. See 18 Pa.C.S. §6310.1 – Selling or furnishing liquor or malt or brewed beverages to minors.
3. See Klein v. Raysinger, 504 Pa. 141
4. See Klar v. Dairy Farmers of Am., 300 A.3d 361
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