The short answer
California’s social host law generally protects adults who serve alcohol to other adults, but hosts can be held responsible when a minor drinks at their home and injures someone. Local ordinances, like the one in San Luis Obispo, can add criminal penalties on top of civil liability. If you or someone you love was hurt in an alcohol-related incident, a San Luis Obispo personal injury lawyer at Ernst Law Group can help you understand who may owe you compensation.
Does California hold party hosts responsible for drunk guests?
In most cases, no. According to California Civil Code § 1714, drinking alcohol, rather than serving it, is generally considered the legal cause of injuries caused by an intoxicated person. Because of this rule, California laws hold the person who drank the alcohol responsible in most cases involving adult guests.
For example, if an adult leaves a party drunk and causes a crash, the injured person will usually seek compensation from the drunk driver, not the person who hosted the party. However, the host law has an important exception involving people under 21.
Is it illegal to give alcohol to someone under 21 at your home?
Yes. Under Civil Code § 1714(d), a parent, guardian, or other adult may be sued if that person knowingly provides alcoholic beverages at their home to someone they know, or should know, is under 21. The host may be responsible if that minor later causes an injury or death. Preventing underage drinking can help keep everyone safer. Hosts can:
- Keep alcohol where underage guests can’t easily reach it.
- Know who’s attending and how old they are.
- Keep an eye on open drinks, punch bowls, or any other shared drink containers.
- Don’t let other guests serve alcohol to anyone who’s underage
- Offer plenty of non-alcoholic drinks.
Taking these steps can make it harder for minors to consume alcoholic drinks during a gathering.
Can you actually go to jail under a local social host ordinance?
Yes, under some local ordinances, jail time is possible. California cities and counties may have their own social host ordinances aimed at stopping underage alcohol consumption.
For example, San Luis Obispo has a social host ordinance that applies when three or more people under 21 are at a gathering and at least one of them possesses or consumes alcohol. A violation is a misdemeanor and may also lead to costs if police have to return to the property.
Cal Poly also warns hosts that they can be held criminally responsible when minors drink at their gatherings. Violations may result in fines, added court costs, and a misdemeanor conviction on the host’s criminal record.
What are your options if a drunk guest injured you or your property?
If a drunk person hurts you, your main claim for damages such as medical bills, lost wages, pain, and other losses will usually be against that person. You may also seek compensation for property damage, such as damage to your car, home, fence, or other belongings.
In some cases involving minors, the host may also share responsibility. California law allows claims against certain adults who knowingly provide alcohol at their residence to someone under 21 when that alcohol leads to an injury or death.
Ernst Law Group holds the right people accountable
An alcohol-related accident can leave you dealing with injuries, bills, missed work, and damaged property. Figuring out who’s responsible can make an already stressful situation even harder.
At Ernst Law Group, we investigate what happened, identify the people who may be legally responsible, and pursue compensation for our clients. Contact our office at (805) 541-0300 or contact us online to request a free consultation to discuss your case and learn more about your legal options.