With the graduation party season approaching, parents intending to host
a party for their high school senior should be mindful that under New
York law, they can be held responsible if they furnish alcohol or are
aware of or give permission for underage people to drink at their party.
Under New York’s General Obligations Law §11-100,
Any person who shall be injured . . . by reason of the intoxication or
impairment of ability of any person under the age of twenty-one years
. . . shall have a right of action to recover actual damages against any
person who knowingly causes such intoxication or impairment of ability
by unlawfully furnishing to or unlawfully assisting in procuring alcoholic
beverages for such person with knowledge or reasonable cause to believe
that such person was under the age of twenty-one years.
Essentially, this means that if you host a party where minors are drinking
and one of those minors injures themselves or someone else, either at
the party or after leaving the party, the person injured can file a lawsuit
against you and can be compensated for the harm caused by the minor. It
does not matter how the minor causes the injury. It could be in a car
accident, a fight or any other manner. What matters is whether you furnished
the alcohol or were aware of or gave permission for the alcohol to be
served at your party and whether the minor’s intoxication contributed
to the third-party's injuries. If so, under New York law, you will
be held accountable.
The law in New York is not so strict when it comes to adults. While it
makes good sense to prevent a guest from becoming intoxicated at your
home, New York does not recognize “social host liability”
for adults. Other states, like New Jersey, do. In New Jersey, the host
of a party can be held liable for providing alcohol to a “visibly
intoxicated” person who leaves the party and injures someone in
a car accident. In New York, you cannot be held responsible in that circumstance.
As the host of party, you do, however, have an obligation to supervise
and control the guests. So if an intoxicated guest injures another guest
at your party, you may be held responsible, whether the intoxicated guest
is a minor or adult.
In the event that someone is injured at a party you host or if a minor
is involved in an accident after drinking alcohol at your home, you should
immediately report the incident to you homeowner’s insurance company.
It is likely that your homeowner’s policy will cover you, even if
the accident takes place off premises.
Congratulations. Have fun. And be safe.