Alcohol & Drugs: DUI, DWI Liaibility

[specialk1477]

I am hosting a Class reunion on my property.
I am sure people will bring their own alcohol to drink.
Am I liaible if someone gets into say an accident on the way home?
What can I do to change this?

 

[army judge]

I am hosting a Class reunion on my property.
I am sure people will bring their own alcohol to drink.
Am I liaible if someone gets into say an accident on the way home?
What can I do to change this?

Yes, you potentially could be, but only for minors.
That is subject to change, as noted in the legal cites below.
Michigan has a dram law.
It is known as the Michigan Dram Shop Law.

You might wish to speak with carrier of your homeowners policy about this.
It affords you some protection.
Or, you could consult a Michigan attorney.
The easiest solution, if you have "deep pockets" you wish to protect, is NOT to serve alcohol.

You can also transfer the duty to another entity, by holding it at a pub, bar, saloon, or hotel.

That way, it would be the liquor licensee's duty to "cut off" people, before they become inebriated!

However, Michigan law can also impose liability under what is called "Social Host Liability."

The Dram Shop law controls liability in cases involving retail liquor licensees. There are, of course, circumstances in which a drunk driver was furnished alcohol at a private residence, party, or event. In those circumstances, Michigan law can impose liability under what is called "Social Host Liability." Social host liability is the potential liability of a person or an entity other than a retail licensee for the unlawful furnishing of alcoholic beverages. The liability of a social host in Michigan has been recognized only in the case of providing alcohol to a minor.

The "social host" must knowingly provide alcoholic beverages to a minor or have failed to diligently inquire whether the individual was less than 21 years old. The Michigan Courts have held that the social host must actually provide the alcoholic beverages and not just the setting in which the alcohol is consumed. However, if the minor is under 18, the parents may have a duty to supervise the minor children and this can provide the basis for a lawsuit.

Here are some sites that provide additional information.

http://ezinearticles.com/?Michigan-Drunk-Driving-Accidents-and-Dram-Shop-Laws&id=3271012

http://www.yaerd.org/dram-shop-law.htm

 

[specialk1477]

I am not serving it...they are bringing their own......Does this make a diffrence?

 

[army judge]

I am not serving it...they are bringing their own......Does this make a diffrence?

Read the information in the links.

If you are bound to do this, educate yourself.

If they bring their own, it might make a difference.

Michigan is very fluid on that.

A creative lawyer can make almost anyone look bad.

Even if you win, it'll cost you a lot of money and angst.

As I said, maybe you should take it to a public facilty or have a no alcohol event?

You never know what someone else might do when they get liquored up and out of control, do you?

Do you want that responsibility?

I wouldn't!!!

 

[specialk1477]

Thank you !!!!