Social Host Laws and The Holiday Season

Understanding the law can be one of the first steps to enjoying a safe, fun, and responsible holiday season, but it is often not one of the first things people consider when they are planning a holiday celebration. In fact, when most people think of legal matters, things that come to mind might be divorce, child custody, DUI, personal injury, or OUI,  but there are laws in both Massachusetts and Rhode Island that address your legal responsibility as a host that may serve alcohol.

We have written about this topic previously, but with party season here for the next few weeks, it might be a good idea to take a refresher on the laws in both Massachusetts and Rhode Island before your holiday party.

In Massachusetts, a Social Host is anyone (adult or minor) who is in control of the premises and who furnishes alcohol or allows it to be consumed on those premises as an act of hospitality. No money is exchanged or alcohol sold. No special relationship exists between host and guest. In the state of Massachusetts, simply the act of providing alcohol and allowing its consumption may result in liability regardless of location of the property or if the host owns the property.

In Rhode Island, Social hosts have limited civil liability. There is a criminal penalty to social hosts who serve alcohol to or otherwise allow minors to possess alcohol, but a social host liability claim cannot be brought to court by an injured party unless a special relationship exists between the guest and host.

Laws differ from state to state, so if you are traveling to and entertaining in a state other than Rhode Island or Massachusetts, be sure to learn the laws of that locality in order to avoid problems.

Your responsibility as a host goes beyond your guests having an enjoyable evening. As you can see from these statistics, it doesn’t take much to become impaired and become a hazard to innocent parties. It is best to play it safe so that everyone can have a safe holiday.