In many states a social host—including the guest’s employer—who does not charge an adult guest—18 years or older in some states and 21 years or older in other states—for alcoholic drinks and who does not serve the beverages under the authority of a license or permit—is not liable for the guest’s actions or injuries to himself or others.
But in most states an adult social host is liable for personal injuries and property damage caused by a minor to whom the social host provides or furnishes alcoholic beverages—especially if the social host knew or should have known the minor would drive a motor vehicle under the influence or if the minor was obviously intoxicated when the social host provided or furnished alcoholic beverages.
Laws regarding social host liability vary from state to state and are usually located in a state’s statutes.
In New Jersey, social host liability is governed by both state statutes and case law. Under New Jersey law, a social host may be held liable for serving alcohol to a person who is visibly intoxicated in their home if that person subsequently causes harm to others, particularly in a drunk driving incident. This liability extends to any host over the age of 21 who provides alcohol to a minor. However, if the guest is a legally competent adult, the social host typically is not liable for the guest's actions once they leave the premises. It's important to note that New Jersey does not impose liability on social hosts for injuries sustained by the intoxicated guest themselves. The key factors in social host liability cases often include the host's knowledge of the guest's intoxication and whether the alcohol was provided recklessly. These laws are designed to discourage the provision of alcohol to those who are either underage or visibly intoxicated and to promote public safety.