Can You Sue the Host If You’re Hurt by a Drunk Party Guest?
It’s summer… time for pool and deck parties, barbecues, and other social gatherings, which often include alcohol. Unfortunately, far too often, a party guest will have too much to drink, get behind the wheel to head home, and cause a motor vehicle accident. If you’re hurt in a crash caused by an intoxicated partygoer in New Jersey, can you seek compensation from the host of the party? If so, what must you show to successfully recover damages for your losses?
The New Jersey Social-Host Liability Laws
The statute governing social-host liability in New Jersey applies specifically to situations where a party host provides alcohol to someone of legal drinking age. If the party host supplies alcohol to a legal adult, and that person causes injury to another, the host will be liable if all of the following conditions are met:
- The guest (the person who subsequently caused the accident/injury) was visibly intoxicated when the alcohol was served;
- The party host acted unreasonably under the circumstances, i.e., the host did not do what a reasonable person would have done in the same situation; and
- The compensation sought is for injuries caused by the negligent or careless operation of a motor vehicle by the party guest.
What Is the Test for Determining Whether a Guest Was “Visibly” Intoxicated When Served Alcohol?
Under 2023 revisions to the New Jersey social host liability statute, there’s an irrebuttable presumption that if a guest involved in an accident had a blood alcohol content (BAC) of less than .10%, they were not visibly drunk. Accordingly, if the guest has a BAC of less than .10%, there will be no social-host liability. If the guest had a BAC of .10%, but less than .15%, the presumption that the guest was not visibly intoxicated may be rebutted, typically with evidence of slurred speech, stumbling or staggering, an inability to stand up, difficulties with coordination, or uncharacteristic behavior.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.