You Could Be Held Liable If Guests Get Drunk

Halloween can be a fun time of trick-or-treating, jack-o’-lanterns and costume parties, but it can also be a deadly time of increased drunk driving and could be especially worrisome this year since the celebration falls on a Saturday. Anyone hosting a Halloween party should take steps to limit their liquor liability and make sure they have the proper insurance, according to the Insurance Information Institute (I.I.I.).

Social host liability laws vary widely from state to state. Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability if the person who was provided the alcohol is killed or injured, or kills or injures another person. Many states have laws that pertain specifically to furnishing alcohol to minors.

“Most people are aware that serving alcohol to minors is illegal, yet asurvey of young people shows that the most common sources of alcohol are from their own home or from persons over the age of 21 who purchase alcohol for them,” said Loretta Worters, vice president with the I.I.I.“Depending on the jurisdiction, violations of social host laws can lead to civil or criminal fines, imprisonment and monetary damages awards.”

Worters also pointed out if you are throwing a party where alcohol is served, it is your responsibility to make sure that your guests are capable of driving safely. “You don’t want to allow anyone who has been drinking to drive home and possibly kill or injure themselves or others on the road.”

In 2008, 58 percent of all highway fatalities across the nation on Halloween night (6 p.m. October 31 to 5:59 a.m. November 1) involved a driver or a motorcycle rider with a BAC of .08 or higher, according to the National Highway Traffic Safety Administration (NHTSA).

How to protect yourself…and your assets

If you plan to host a Halloween party and serve alcohol, the I.I.I. offers the following tips on how to have a successful and safe party:

  • Consider hiring a professional bartender or reliable friend to serve drinks. This will discourage your friends from mixing their own drinks and help to keep track of the size and number of drinks they consume. Most bartenders are trained to recognize signs of intoxication and will limit consumption by partygoers who have had too much.
  • Be a responsible host. Limiting your own alcohol intake will allow you to better determine if a guest is sober enough to drive at the end of the night.
  • Serve non-alcoholic beverages. Always have soft drinks, juices and other non-alcoholic beverages available for those guests who are driving or choose not to drink.
  • Don’t serve alcohol to minors. Period. The legal drinking age in every state is 21 and, as a host, it is your responsibility to abide by it.
  • Don’t force drinks on your guests or rush to refill their glasses when empty. Be a smart host; push the food, not the alcohol on your guests.
  • Always serve food with alcohol. It is proven that food can help counter the effects of alcohol.
  • Don’t admit individuals into your home who are already intoxicated. Access to more alcohol will likely create negative outcomes that you could be held liable for, such as fighting, alcohol poisoning and drunk driving.
  • Stop serving alcohol at least one hour before the party ends. Serve only coffee, tea and non-alcoholic beverages toward the end of your party. As the host or hostess, it is your responsibility to help your guests get home safely, so limit the amount of alcohol served toward the end of the party as guests prepare to go home.
  • Speak to each of your guests before they leave the party. If you think someone is unable to drive, call a cab and pay for it yourself, arrange a ride with a sober friend, drive your guest home, or encourage that person to stay over. This will protect your guest as well as other drivers on the road.
  • Encourage all your guests to wear seatbelts as they drive home. Studies show that seatbelts do safe lives.

“Talk with your insurance agent about your liability insurance coverage and any exclusions, conditions or limitations your policy might have for this kind of risk,” advised Worters. “Appropriate liability insurance coverage is necessary, but your insurance may not be enough to cover a judgment against you as a social host. If you are also charged criminally, then it is possible that your policy will not cover the civil judgment.”

Worters noted that party hosts should do their part to help reduce the number of DUI-related crashes by taking the necessary steps to help promote responsible hospitality over the Halloween weekend. “It’s not just about the risk; it’s also about the responsibility. Nobody wants to feel responsible for someone else’s injury or death.”

Source:  Insurance Information Institute

Read Other Blog Posts

Murphy’s Law Now Officially Sponsored by Murphy Insurance

Murphy’s Law: Now Officially Sponsored by Murphy Insurance

Murphy Insurance is now the official sponsor of Murphy’s Law—because if anything can go wrong, it probably already has. To mark the occasion, we’re rolling out a tongue-in-cheek lineup of “coverage” for life’s most ridiculous moments, from lost socks to seagull snack theft. While these faux policies are just for fun (for now), our real team is always here with real coverage for life’s unpredictable turns. Happy April Fools Day from Murphy Insurance—when Murphy’s Law strikes, call Murphy Insurance.
Auto Insurance in Hudson MA

Auto Insurance in Hudson, MA: What You Need to Know

If you live in Hudson, MA, or the surrounding areas, securing the right auto insurance is essential. Whether you’re a daily commuter, a weekend traveler, or a first-time driver, having the appropriate coverage ensures protection on the road and compliance with Massachusetts’ legal requirements.
Car close-up

What to Do After a Hit-and-Run

When you’re involved in a vehicle collision and the other driver takes off without exchanging insurance information, this is commonly referred to as a hit-and-run. Review the following guidance to understand what information to collect and who to contact following a hit-and-run incident.
Pest Prevention Keep Your Home Pest-Free with Proactive Measures

Pest Prevention | Keep Your Home Pest-Free with Proactive Measures

Pests can cause structural damage, contaminate food, and pose health risks, making proactive prevention essential since home insurance doesn’t cover pest-related damage. Key prevention tips include proper food storage, maintaining outdoor vegetation, regular home inspections, and keeping living spaces clean to minimize pest attraction. For persistent issues, professional pest control may be necessary, and Murphy Insurance is available to provide guidance on home protection and insurance coverage.
Stairs

How to Prevent Falls at Home

Falls are one of the most common and dangerous accidents that occur at home and on the job—especially on staircases. In order to determine whether there are fall hazards within your home, be sure to ask yourself these key questions.
Outdoor Maintenance: Protecting Your Home and Enhancing Your Curb Appeal

Outdoor Maintenance | Protecting Your Home and Enhancing Your Curb Appeal

Regular outdoor maintenance not only enhances your home's curb appeal but also prevents costly damage and potential insurance issues. Key tasks include cleaning gutters, inspecting the roof, maintaining landscaping, power washing exteriors, and ensuring outdoor structures like fences and decks are in good condition. Staying proactive with seasonal upkeep helps protect your home, reduce long-term repair costs, and maintain insurance coverage eligibility.
Hot Tub Safety 101 | Protect Your Home, Guests, and Peace of Mind

Hot Tub Safety 101 | Protect Your Home, Guests, and Peace of Mind

Hot tubs offer relaxation but come with safety and liability risks, including potential injuries, health concerns, and insurance coverage gaps. Key precautions include supervising children, maintaining proper water chemistry, setting safe temperature limits, and enforcing responsible usage to prevent accidents. Homeowners should review their insurance policies and consider additional coverage, such as a personal umbrella policy, to ensure financial protection while enjoying their hot tub safely.
Car keys

Avoiding Problems When Buying Used Vehicles

While buying a used vehicle will save you money in purchase price and help you avoid depreciation costs, it is important to do your research before you purchase one. To avoid buying a car with hidden problems, consider these purchase precautions.
Contractor

Avoiding Contractor Fraud

It’s important to stay informed when dealing with contractors to reduce the risk of contractor fraud. Use these tips to avoid contractor fraud concerns.

Visit Our Personal Insurance Page

Personal Insurance

Life is an ever-changing journey, and it deserves a thoughtful, comprehensive plan to protect the things and people that matter most. Our dedicated team at Murphy Insurance is here to assist you in creating that plan. With a wide range of product options at our disposal, we ensure that your plan is tailored precisely to your requirements. Our commitment to providing clear, intelligent guidance to help you achieve true peace of mind. Learn more about our personal insurance portfolio.