Although Texas does not hold social hosts liable for serving alcohol to guests over 18 who subsequently cause harm or accidents, there are certain rare exceptions. These include circumstances in which a social host serves alcohol to minors who then cause harm or accidents. Understanding the nuances of Texas’ social host liability law is crucial for anyone planning to host an event where alcohol is served, as it can help prevent legal repercussions and promote responsible hosting practices.
Our team at Fahl & Donaldson is dedicated to defending against social host liability claims. We will guide you through the legal process, gather necessary evidence, and work tirelessly to ensure you are not held responsible for a party’s negligent actions.
What is Texas’ Social Host Liability Law?
Texas’ social host liability law addresses the legal responsibilities and potential consequences for individuals who serve alcohol in private, non-commercial settings. Unlike dram shop laws, which apply to businesses such as bars and restaurants, social host liability pertains to private individuals hosting parties or gatherings. Under this law, social hosts are only liable if they provide alcohol to minors under 21 years old. If a minor drinks alcohol given by a social host and then causes an accident or injury, the host can be held responsible for any resulting damages.
An Example of Texas’ Social Host Liability Law
Jenny, a 17-year-old high school graduate, attends a graduation party at the home of her adult neighbor, Tom. At the celebration, Jenny drinks several beers from a keg that Tom has made available. Tom notices Jenny drinking but chooses not to intervene.
Later in the evening, Jenny decides to drive to another friend’s house. On the way, she ignores a stop sign and strikes Sara, a pedestrian. At the scene, it is determined that Jenny’s blood alcohol content is .11. Sara has the right to seek damages from Jenny for causing the accident. Additionally, under Texas’ social host liability law, Sara can also file a lawsuit against Tom for his role in providing alcohol to a minor.
Your Legal Options If Are Accused of Violating Social Host Liability Laws
If you were accused of serving alcohol to a minor, you have legal options to defend against these types of claims. With the help of the legal team at Fahl & Donaldson, you may take the following actions:
Establishing Negligence of a Guest
To successfully defend against a claim, you need to show that the guest was not a minor. This means proving the guest was over the age of 18 and chose to ingest alcohol on their own accord, which led to an accident caused by his or her own negligence. Collecting evidence like witness statements, photos, and surveillance footage is essential for strengthening your case.
Seeking Legal Representation
Navigating a social host liability case can be complex, and having experienced legal representation is vital. An attorney at Fahl & Donaldson can help you understand your legal rights, gather necessary evidence, negotiate with insurance entities, and represent you in court if needed. With our legal team on your side, you will be rest assured that your reputation is preserved and can move forward with your life.
Potential Settlements
Personal injury claims may be resolved through settlements before reaching court. We can negotiate with the opposing party’s insurance company or legal representatives to reach a resolution.
Going to Trial
If a fair resolution cannot be achieved, your case may proceed to trial. At trial, your Fahl & Donaldson lawyer will present evidence and advocate on your behalf to secure a favorable judgment. Our team understands the complexities of Texas social host liability law and will work tirelessly to ensure you are not held responsible for guests’ negligent actions.
Speak With Our Skilled Lawyers of Fahl & Donaldson
If you are accused of violating Texas’ social host liability law, Fahl & Donaldson can help you defend against allegations and prove your guest’s actions were not your responsibility. We will guide you through the complexities of Texas social host liability law and help you move forward. We have a track record in handling these types of complex cases and are dedicated to obtaining the best possible outcome for our clients.
We understand that navigating a social host liability case can be challenging. Our attorneys will work tirelessly to collect necessary evidence, communicate with insurance entities, and represent you in court if necessary. At Fahl & Donaldson, we are committed to providing personalized, effective legal representation. Contact us today at (346) 241-7355, or use our contact form to discuss your case and learn how we can help you move forward.