Can You Sue a Friend’s House for Dram Shop Liability in Alabama?

Here in Alabama, social drinking often plays a role in celebrations and gatherings across every season. While socializing and partying can provide ample opportunities for connecting and building community, social hosts have certain legal responsibilities when it comes to ensuring their guests celebrate safely. In 2022, there were over 5,000 drug- and alcohol-related traffic accidents reported in Alabama, resulting in nearly 200 traffic fatalities. The harsh reality is that all of these tragic losses could have been prevented had motorists chosen to drink responsibly and refrain from getting behind the wheel.

If you were involved in an alcohol-related traffic accident in which one party was over-served at a friend’s house, you might be wondering whether the friend can be held liable for damages under Alabama’s dram shop law. Let’s cover everything Alabamians need to know about the intersections of dram shop liability and social host responsibilities and explore how an experienced car accident attorney can help accident victims determine who bears legal responsibility for their injuries.

What is dram shop liability?

In order to determine whether you have legal standing to file a dram shop liability claim, it’s important to first understand what Alabama’s dram shop laws are and what they are not. As it pertains to Alabama law, the concept of dram shop liability broadly refers to the legal responsibilities of licensed alcohol vendors to ensure their business practices do not pose any threats to public safety. In practice, these laws stipulate certain scenarios in which businesses like bars, restaurants, and liquor stores can be held liable for actions that directly contributed to alcohol-related accidents and/or injuries.

In Alabama, state law dictates that a licensed establishment can be held liable if it knowingly serves alcohol to someone who is visibly intoxicated or sells alcohol to someone under the legal drinking age of 21. For example, if a bartender chooses to continue serving alcohol to a person who is visibly impaired, and that person goes on to cause a traffic accident, the bar and bartender could be found liable for damages related to the accident. Similarly, if a liquor store clerk chooses to sell alcohol to someone they know to be under the age of 21, the store and clerk could be found liable for any accidents or injuries ultimately caused by the minor’s alcohol consumption.

Do dram shop laws apply to private homes?

In short: No. Dram shop laws in Alabama only apply to licensed alcohol vendors. Private homes or individual social hosts cannot be held liable under the dram shop liability statute. In practice, this means that if an adult was over-served at a private social gathering, the host of that gathering cannot be sued in the event that the guest is later involved in a drunk-driving accident.

However, things look a little different in situations involving minors. Under Alabama law, a separate legal concept known as social host liability exists to hold adults accountable for knowingly serving or distributing alcohol to individuals under 21. Under Alabama’s social host law, if a party host furnishes alcohol to someone under the age of 21 and the underage person later causes a car accident, the party host could be found liable for injuries and/or damages related to that accident.

It’s important to note that social host laws in Alabama are applicable only in cases involving underage drinking, and there is no legal recourse to sue social hosts for alcohol-related accidents involving adults. Nevertheless, any individual hosting a private gathering should always take steps to ensure their guests drink responsibly and refrain from driving while intoxicated in order to safeguard the public welfare. Remember, drunk-driving accidents are 100% preventable, and every Alabamian can and should do their part to keep our communities safe.

How hosts can protect themselves (and their guests)

If you plan to host guests in your home, it’s important to understand both your legal and moral obligations. Even though Alabama law does not provide for hosts to be found liable for the actions of their adult party guests, there are still a number of steps social hosts can take to protect themselves, their guests, and the public at large.

Here are a few “rules” to keep in mind if you plan on hosting a gathering where alcohol will be present:

1. Never serve or allow alcohol for anyone under 21. Even if you don’t physically serve the alcohol to the minor, if they manage to consume alcohol at your home, the court could find that you provided a “venue” for underage drinking and are therefore liable for the minor’s actions.
2. Monitor access to alcohol at your event so you are able to cut off guests of any age who may seem too impaired to stay safe.
3. Offer or encourage transportation alternatives for guests who are drinking. This might look like incentivizing certain guests to serve as designated drivers or including verbiage on your invitations that emphasizes the importance of using rideshare services or carpooling.

While we all hope our party guests will make responsible choices, it’s always better to be safe rather than sorry. Don’t be afraid to step in, set boundaries, and call an Uber if necessary. If the possibility of being held liable for damages isn’t enough of an incentive to host responsibly, remember that serving alcohol to a minor is also a misdemeanor under Alabama law (Ala. Code § 13A-12-200.5) and can carry harsh consequences ranging from hefty fines to jail time. Even if you mean well, a single lapse in judgment could result in life-altering consequences for you, your guests, and others around you.

Social host laws and drunk driving accidents

If you’ve been injured by a drunk driver, it’s important to understand that you may be entitled to compensation from more than one source. While many accident victims move first to hold the drunk driver responsible for their injuries, pursuing claims against third parties can help victims maximize their final settlements and secure the compensation they need to navigate their recovery.

While Alabama’s dram shop liability laws won’t help in cases involving adult partygoers, if the other driver in your drunk driving accident was underage, you may have recourse to seek damages under social host liability statutes. Working with an experienced and knowledgeable car accident attorney – like the professionals at Martin and Helms – can help accident victims gain a clear understanding of the legal options afforded to them under state law so they can make informed decisions about the best course of action for their unique case.

Looking for a local car accident attorney?

At Martin and Helms, we know how to navigate the complexities of Alabama’s dram shop and social host liability laws to help our clients pursue the compensation they deserve. Whether your case involves a reckless driver, a negligent bar, or a party host who provided alcohol to minors, our team of experienced car accident attorneys is ready to help you fight for justice.

Give us a call today or use our online contact form to schedule a free consultation with a member of our Huntsville- or Decatur-based teams. We’re here to help you explore and understand all the options available to you in the wake of your accident to help build a case and fight for an outcome that will support your healing and recovery.