ABA Family Legal Guide

Home Ownership

Property Insurance and Other Protections

Floor Wax and Dog Attacks: Liability Issues

If I host a party in my house, am I liable for my guests' actions?

Some courts have ruled that a host is not responsible for the conduct of guests, unless your parties routinely turn into brawls. Likewise, if one of your guests is horsing around and hurts himself, you probably will not be liable. But you might be liable if you let your guest drink too much, then put him into his car and send him out on the highway. That's what happened in a landmark New Jersey case, in which the homeowners had been drinking whiskey for a couple of hours with one of the husband's subcontractors. They walked him to his car, saw him off, and called shortly to see if he'd made it home. He hadn't. Thoroughly drunk, he was in a head-on collision in which a woman was seriously hurt. The case went to the state supreme court, which held the hosts liable. It's a lesson worth remembering. You can buy an insurance policy to cover host liquor liability, but it's far better to keep the drunks off the road.