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法律英语:115 A Social Host's Liability

时间:2010-07-12 05:48来源:互联网 提供网友:uv4313   字体: [ ]
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by Michael W. Flynn

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed1 to practice in your jurisdiction2. Further, I do not intend to create an attorney-client relationship with any listener.

Today’s topic is a social host’s liability for serving alcohol. Michael wrote:

I belong to a social club that occasionally hosts events at members’ houses. A question has risen over serving alcohol. If person A drinks too much and gets in an accident by hitting person B, who will be held liable? The organization, or the person at whose house the event took place? Can person A sue? How effective are common-sense steps (like not serving alcohol to minors3 and cutting off people who’ve obviously had too much, and taking their keys) in protecting against lawsuits5? How likely are we to be sued over this?
Thanks Michael. The short answer is that, in most states, neither the club nor the individual host can be liable for serving alcohol to adults, but might be liable for serving to minors. The quick and dirty tip is simply never serve alcohol to minors, and do not encourage drunk adults to drink more.

Under the old common law, a furnisher of alcohol could not be held liable for the injury or death of a person who consumed the alcoholic6 beverages7. The theory behind the common-law rule was that the consumption of the liquor, rather than the furnishing of it, caused the injuries.

In modern times, states have enacted8 “dram shop statutes9” that changed this rule. Under these statutes, a person or company that is in the business of selling alcohol can be held liable for injuries caused by the intoxicated10 patron—adults or minors. This is one reason that bartenders will stop serving customers who are visibly drunk. But, these statutes do not generally apply to social hosts who serve alcohol out of kindness or hospitality. But, at least one court has concluded that a social host can be liable if he recklessly encourages a guest to continue when it is obvious that the guest was drunk.

With regard to Michael’s question, the drunk guest would not have any recourse against the social club. The one exception to this might be a situation where the social club hired a bartender and charged for each drink. In that situation, the social club is acting11 like a bar, and a bar has much higher duties of care toward the patrons it serves. The innocent third-party victim can definitely sue the drunk guest because the drunk guest negligently12 drove while intoxicated. It seems that accident victim would only be able to sue the host if the host had actively13 encouraged the drunk guest to drink when he or she was already visibly drunk. The victim would not likely be able to sue the club itself unless the club maintained a policy of encouraging excessive drinking, or if the club had reason to know that a specific host actively encouraged visibly drunk people to drink more.

Michael’s instinct is correct that common-sense steps are a good idea to protect yourself. Any steps that a host takes to ensure a safe party will help limit the host’s liability later. For example, cutting off a drunk guest will be strong evidence that the host was not recklessly encouraging the drunk guest to drink more. Taking the drunk guest’s keys away will ensure that the guest does not stumble away from the party and drive home. However, these steps do not seem to be a legal necessity, but rather a generally good idea. These steps are also, in my non-legal opinion, just good manners. Please write to Mr. Manners if you have questions about the polite way to pull drunken friends aside and discuss getting them home safely.

The rules are different with regard to serving minors. Several states will impose liability on a social host who serves minors. For example, in New Jersey14 and Texas, courts held that a social host was responsible for the injuries suffered by intoxicated minors after they left the party under the theory that the host breached15 a duty not to serve alcohol to the minor4. By contrast, other states do not impose liability on the host for serving minor guests. Courts in Illinois, Georgia, and Washington have held that the host is not liable for injuries sustained by minors whom they served. The courts offered several reasons for insulating the host from liability such as the fact that the host does not have the training in identifying intoxicated drinkers that bartenders do, and because social hosts cannot insure themselves the same way that bars can.

States are split over the issue of whether a host can be civilly liable where the host breaks a criminal law. For example, a court in Iowa held that a host was civilly liable because it was a crime to serve alcohol to minors, but a court in Alaska decided16 that the host was not civilly liable for injuries suffered by a minor guest even though it was a crime to serve him.

This is an area of law that varies greatly from state to state and can depend heavily on the specific circumstances of the party. If your social club is concerned, I would recommend discussing these issues with an attorney from your state and getting specific tips on limiting liability.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful17 Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com.

You can send questions and comments to。。。。。。or call them in to the voice-mail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.

 


点击收听单词发音收听单词发音  

1 licensed ipMzNI     
adj.得到许可的v.许可,颁发执照(license的过去式和过去分词)
参考例句:
  • The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
  • Is that gun licensed? 那支枪有持枪执照吗?
2 jurisdiction La8zP     
n.司法权,审判权,管辖权,控制权
参考例句:
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
3 minors ff2adda56919f98e679a46d5a4ad4abb     
n.未成年人( minor的名词复数 );副修科目;小公司;[逻辑学]小前提v.[主美国英语]副修,选修,兼修( minor的第三人称单数 )
参考例句:
  • The law forbids shops to sell alcohol to minors. 法律禁止商店向未成年者出售含酒精的饮料。 来自《简明英汉词典》
  • He had three minors this semester. 这学期他有三门副修科目。 来自《简明英汉词典》
4 minor e7fzR     
adj.较小(少)的,较次要的;n.辅修学科;vi.辅修
参考例句:
  • The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
  • I gave him a minor share of my wealth.我把小部分财产给了他。
5 lawsuits 1878e62a5ca1482cc4ae9e93dcf74d69     
n.诉讼( lawsuit的名词复数 )
参考例句:
  • Lawsuits involving property rights and farming and grazing rights increased markedly. 涉及财产权,耕作与放牧权的诉讼案件显著地增加。 来自辞典例句
  • I've lost and won more lawsuits than any man in England. 全英国的人算我官司打得最多,赢的也多,输的也多。 来自辞典例句
6 alcoholic rx7zC     
adj.(含)酒精的,由酒精引起的;n.酗酒者
参考例句:
  • The alcoholic strength of brandy far exceeds that of wine.白兰地的酒精浓度远远超过葡萄酒。
  • Alcoholic drinks act as a poison to a child.酒精饮料对小孩犹如毒药。
7 beverages eb693dc3e09666bb339be2c419d0478e     
n.饮料( beverage的名词复数 )
参考例句:
  • laws governing the sale of alcoholic beverages 控制酒类销售的法规
  • regulations governing the sale of alcoholic beverages 含酒精饮料的销售管理条例
8 enacted b0a10ad8fca50ba4217bccb35bc0f2a1     
制定(法律),通过(法案)( enact的过去式和过去分词 )
参考例句:
  • legislation enacted by parliament 由议会通过的法律
  • Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹
9 statutes 2e67695e587bd14afa1655b870b4c16e     
成文法( statute的名词复数 ); 法令; 法规; 章程
参考例句:
  • The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
  • Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法
10 intoxicated 350bfb35af86e3867ed55bb2af85135f     
喝醉的,极其兴奋的
参考例句:
  • She was intoxicated with success. 她为成功所陶醉。
  • They became deeply intoxicated and totally disoriented. 他们酩酊大醉,东南西北全然不辨。
11 acting czRzoc     
n.演戏,行为,假装;adj.代理的,临时的,演出用的
参考例句:
  • Ignore her,she's just acting.别理她,她只是假装的。
  • During the seventies,her acting career was in eclipse.在七十年代,她的表演生涯黯然失色。
12 negligently 0358f2a07277b3ca1e42472707f7edb4     
参考例句:
  • Losses caused intentionally or negligently by the lessee shall be borne by the lessee. 如因承租人的故意或过失造成损失的,由承租人负担。 来自经济法规部分
  • Did the other person act negligently? 他人的行为是否有过失? 来自口语例句
13 actively lzezni     
adv.积极地,勤奋地
参考例句:
  • During this period all the students were actively participating.在这节课中所有的学生都积极参加。
  • We are actively intervening to settle a quarrel.我们正在积极调解争执。
14 jersey Lp5zzo     
n.运动衫
参考例句:
  • He wears a cotton jersey when he plays football.他穿运动衫踢足球。
  • They were dressed alike in blue jersey and knickers.他们穿着一致,都是蓝色的运动衫和灯笼短裤。
15 breached e3498bf16767cf8f9f8dc58f7275a5a5     
攻破( breach的现在分词 ); 破坏,违反
参考例句:
  • These commitments have already been breached. 这些承诺已遭背弃。
  • Our tanks have breached the enemy defences. 我方坦克车突破了敌人的防线。
16 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
17 lawful ipKzCt     
adj.法律许可的,守法的,合法的
参考例句:
  • It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
  • We don't recognised him to be the lawful heir.我们不承认他为合法继承人。
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