Social Host Liability

As the recent tragedies and near tragedies involving alcohol and driving throughout the State has become front page news, individuals are wisely becoming more interested in what their liability is in connection with serving alcohol to both adults and minors.  The term “Social Host Liability” refers to both the criminal liability that may lead to criminal penalties such as fines and imprisonment and the civil liability which refers to an action by a private party against a host seeking monetary damages for injuries and damages.

In the context of criminal liability, those who furnish or procure and /or are aware of the consumption of alcohol by underaged persons in their residence are being held criminally liable.  Recent criminal dispositions have included six (6) months probation, 100 hours of community service and a fine of $350.00.

In the context of civil liability, the Rhode Island Supreme Court has held that if a homeowner provided alcoholic beverages to underaged persons or had actual knowledge of the presence and consumption of alcohol by underaged persons on the property, then the homeowner was duty-bound to exercise reasonable care to protect the injured guest.  The Court’s recent holding in the Martin case demonstrates a possible shift by the Rhode Island Supreme Court towards a social host theory of liability more in line with neighboring states.

It is clear from recent tragic and near tragic cases that the Rhode Island Legislature and Judiciary are seriously considering the theory of social host liability.  Attorney Humphrey has recently lectured on behalf of the Little Compton Substance Abuse Task Force on the topic of Social Host Laws.  In addition, in the Fall of 2008 Attorney Humphrey will be lecturing for the Rhode Island Bar Association on the topic of Social Host Laws.  Please contact Attorney Humphrey with your questions regarding the Social Host Laws and social host liability.

At the Law Offices of Robert H. Humphrey, Attorney Humphrey represents clients throughout the entire State of Rhode Island (RI) including Bristol County (Barrington, Bristol, Warren), Kent County (Coventry, East Greenwich, Warwick, West Greenwich, West Warwick), Newport County (Jamestown, Little Compton, Middletown, Newport, Portsmouth, Tiverton), Providence County (Burriville, Central Falls, Cranston, Cumberland, East Providence, Foster, Glocester, Johnston, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Scituate, Smithfield, Woonsocket), Washington County (Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown, Westerly) and Southeastern Massachusetts (MA) (New Bedford, North Dartmouth, Dartmouth, Westport, Fall River, Swansea, Somerset, Taunton, North Attleboro, Attleboro).

Contact Attorney Humphrey and the Law Offices of Robert H. Humphrey about your legal matter today.