Social Host Laws: Underage Drinking And Parental Liability

If you're a parent in New Jersey, it's important to be aware of the state's social host liability laws. These laws pertain to situations where a host serves alcohol to a guest, and they vary from state to state. In New Jersey, if a social host negligently serves alcohol to a minor who then causes harm to someone else, the injured party may have a valid claim against the social host for negligence. This means that if your underage son is served alcohol by a social host and goes on to cause an accident or injury, you could potentially be held liable as a parent. It's crucial to understand these laws to ensure your family's safety and well-being and to prevent any legal consequences.

New Jersey's social host liability laws

New Jersey has some of the most complex laws in the country governing the sale, possession, and consumption of alcoholic beverages. The state's social host liability laws are no exception. These laws can apply to your underage son, so it is important to understand them before hosting any events where alcohol will be served.

To bring a successful claim, the injured party must generally demonstrate that:

• The person who caused the injuries was visibly intoxicated in the presence of the host, or that the host was negligent in serving alcohol to an already intoxicated person.
• The situation created an "unreasonable risk" of harm to life or property.
• The injury resulted from a motor vehicle accident caused by the intoxicated person who was served by the social host.

If these conditions are met, the injured party may seek compensation for their injuries, including medical and hospital bills, rehabilitation or therapy expenses, lost wages, property damage, and the value of household services and childcare they would have performed otherwise.

It is important to note that New Jersey's social host liability laws do not allow intoxicated persons to hold the host liable for injuries they suffer. However, a third party injured as a result of the intoxicated person's actions can file a claim against the host.

To avoid potential liability under New Jersey's social host liability laws, hosts can take several precautions, including providing non-alcoholic refreshments, offering alternative transportation or overnight accommodations, discontinuing alcohol service to visibly impaired guests, and never serving alcohol to minors.

The 'Exclusive civil remedy' law

In New Jersey, the social host liability law, 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. This law applies to hosts who serve alcohol to a person of the legal drinking age, who then goes on to cause an alcohol-related accident.

The "Exclusive civil remedy" law allows an injured person to pursue legal action and recover damages from any social host who supplied alcohol to an intoxicated person of legal drinking age. To bring a successful claim, the injured party must generally demonstrate that:

• The intoxicated person was visibly intoxicated in the presence of the host, or that the situation created an "unreasonable risk" of harm to life or property.
• The injury resulted from a motor vehicle accident caused by the intoxicated person who was served by the social host.

In the case of serving alcohol to minors, the social host liability law in New Jersey states that if a social host negligently serves a minor who then causes injury to someone else, the injured party may have a potential claim against the social host for negligence. This means that the "Exclusive civil remedy" law can be applied to cases where a minor was served alcohol by a social host and subsequently caused an alcohol-related accident.

It is important to note that the law includes limitations on liability, and to bring a successful claim, certain conditions must be met. These conditions include proving that the social host:

• Willfully and knowingly provided alcoholic beverages to a person who was visibly intoxicated in their presence or under circumstances manifesting reckless disregard for the consequences.
• Failed to exercise reasonable care and diligence to avoid the foreseeable risk of harm to life or property.
• The injury in question arose from an accident caused by the negligent operation of a vehicle by the visibly intoxicated person who was provided alcohol by the social host.

The liability of social hosts under 21

In New Jersey, social host liability laws hold adults responsible for the actions of their intoxicated underage guests. This means that if a social host negligently serves alcohol to a minor who then causes injury to someone else, the injured party may have a potential claim against the social host for negligence.

In the case of Narleski v. Gomes, the New Jersey Supreme Court expanded the scope of social host liability to adults under the age of 21. The court held that a plaintiff injured by an intoxicated underage social guest may succeed in a cause of action against an underage social host if they can prove the following:

• The social host knowingly permitted and facilitated the consumption of alcoholic beverages by underage guests in a residence under their control.
• The social host knowingly provided alcohol to a visibly intoxicated underage guest or knowingly permitted the visibly intoxicated underage guest to serve themselves or be served by others.
• The social host knew or reasonably should have known that the visibly intoxicated social guest would leave the premises and operate a motor vehicle, thus endangering the lives and property of others.
• The social host did not take any reasonable steps to prevent the intoxicated guest from getting behind the wheel of a vehicle.
• The social guest, as a result of intoxication facilitated by the social host, negligently operated a vehicle and proximately caused injury to a third party.

It is important to note that the court did not impose strict liability on the social host. The plaintiff must prove that the social guest was visibly intoxicated, and the host was aware of this. Additionally, the host must know that the guest is likely to operate a motor vehicle before liability is triggered.

Under New Jersey's social host liability laws, it is illegal for adults to knowingly allow anyone under the age of 21 to consume alcohol on property they own or lease. The law allows for exceptions in the case of religious ceremonies and parents or legal guardians serving alcohol to their own children in a private setting.

If an adult violates these laws, they can be held liable if the underage drinker is killed or injured in an accident and may be sued for damages, including medical expenses, property damage, and emotional pain and suffering.

The rights of injured parties

In the state of New Jersey, social host liability laws allow an injured party to pursue legal action and recover damages from any social host who supplied alcohol to an intoxicated person of legal drinking age, or a minor, at a party or similar event when that guest goes on to cause an alcohol-related accident.

If you are injured as a result of a host's negligence, you have the right to seek compensation for your injuries. This includes medical and hospital bills, rehabilitation or therapy expenses, property damage, and the value of services related to household and childcare responsibilities the injured person would have performed if not hurt.

In addition to compensatory damages, injured parties in New Jersey can also seek punitive damages. Unlike compensatory damages, punitive damages are intended to punish particularly egregious cases of wrongdoing, including gross negligence, recklessness, or intentional misconduct.

To bring a successful claim, the injured party typically must show that:

• The person who caused the injuries was visibly intoxicated in the presence of the host, or that the host knew or reasonably should have known the guest was a minor.
• The situation created an “unreasonable risk” of harm to life or property.
• The injury resulted from a motor vehicle accident caused by the intoxicated person served by the social host.

It is important to act promptly, as most New Jersey dram shop claims must be filed within two years of the date of the injury to be heard in court. Contacting a skilled personal injury attorney as soon as possible after an accident is in your best interest to ensure your rights are protected.

The compensation available to injured parties

In New Jersey, social host liability laws allow injured parties to pursue legal action and recover damages from social hosts who supplied alcohol to intoxicated persons of lawful drinking age or minors. The injured party must demonstrate that the intoxicated person was served by the social host and caused an alcohol-related accident, resulting in injuries or property damage.

• Medical and hospital bills
• Rehabilitation or therapy expenses
• Lost income
• Pain and suffering
• The value of household services and childcare the injured person would have otherwise performed
• Property damage

Additionally, injured parties in New Jersey are permitted to seek punitive damages in dram shop and social host liability claims. These damages are intended to punish gross negligence, recklessness, or intentional misconduct. The statute of limitations for filing dram shop claims in New Jersey is two years from the date of injury.

Frequently asked questions