California Social Host Liability Law
If you learn that the driver of an accident you were involved in had been furnished alcohol at a party, you are probably wondering if the host of the party can be held liable. In California, there are only a few exceptions to the Dram Shop law that matter in a DUI lawsuit. An experienced California personal injury attorney can help you determine if your legal rights include suing a host of a party for a car accident due to drinking and driving.
Johnson Attorneys Group will ensure that you get adequate care from the best doctors and specialists during recovery. We review your case to determine if a social host can be sued for a DUI accident that happened as a result of alcohol served at their party. We will fight for you to make sure you receive full compensation for lost earnings, medical & therapy expenses, damages, loss of monetary support and funeral expenses.
California Dram Shop Law Exceptions
California Dram law considers the proximate cause of injuries and damage caused by an intoxicated individual to be as a result of the consumption of alcoholic beverages and not from being served or furnished alcohol. In most cases, a social host cannot be held liable, but there are two particular instances where the host who served alcohol at a party can be held legally responsible for the actions of a drunken party guest:
- Furnishing alcohol to a minor (any person under the age of 21) – The host of a party that knowingly supplies alcoholic beverages to an under-aged individual can be held criminally liable under the California Business and Professional Code §25602. California adheres to a strict ZERO Tolerance law for drivers under 21 years of age. The law states that it is illegal for minors to drive with a blood alcohol concentration (BAC) of .01% or higher.
- Serving alcohol Beverages to an Obviously Inebriated Guest – A social host that serves alcohol to a “habitual or common drunkard” or someone who is obviously drunk already can be found criminally liable. While it would be prosecuted as a misdemeanor, the host can still be forced by the court to pay for property damage and can incur fines, jail time, probation and other penalties assessed by the court.
Compensation from an Intoxicated Party Guest
While the host of a party that served alcoholic beverages may or may not be held responsible for a car accident involving alcohol, the drunk driver will. DUI car accidents in the state of California consider the impaired driver as the negligent party. An individual can be charged criminally and held liable to pay for damages and other compensation if they are convicted of driving under the influence. An experienced, qualified DUI injury attorney will work to get you full compensation for your losses and injuries.
Be Aware of Your Rights in California
California social host law and DUI laws can be very complicated because every situation is different. It is essential to contact an experienced, qualified DUI injury attorney as soon as possible to help deal with insurance companies, law enforcement and other parties of interest and to advise you of your legal options. Even if your case is not considered an exception under the Dram Shop law, you need to be aware of your legal rights as the victim of an alcohol-related auto accident. Ideally a social host has liquor liability insurance, either way, contact an attorney.
Contact a DUI Injury Lawyer in California at Johnson Attorneys Group for a Free Case Review
If you or someone you love is dealing with injuries resulting from a DUI accident, do not hesitate to contact one of our DUI injury lawyers at 1-800-208-3538 to see if we can help. Johnson Attorneys Group offers a complimentary case evaluation, and we will not charge you legal fees unless we win or successfully settle your case.