Stephen G. Vicari, II
Christmas brings families, friends, and coworkers together like no other time of year. Christmas party after Christmas party, we gather, laugh, eat, enjoy each other’s company (most of the time!), and, of course, indulge in libations. During these joyous occasions, however, the last thing on our minds is the potential legal ramifications of serving alcohol at a Christmas party—or any party for that matter. If you plan on hosting a gathering, you may wish to consider ways to limit your exposure to civil liability.
In South Carolina, a social host who knowingly and intentionally allows alcohol to be served to a guest she knows or should know to be under the age of 21 is liable—to the underage guest and any third-party—for damages arising out of her service of alcohol. Marcum v. Bowden, 372 S.C. 452 (2007). Stated differently, if you host a gathering, provide alcohol, and a guest under the age of 21 consumes the alcohol, you may be liable for any injuries to the underage guest and to any third-parties injured by the underage guest.
This rule may be better understood through an example. On Christmas Eve, Mrs. Claus threw a party at the North Pole (for obvious reasons, Santa did not attend) where alcohol was provided. Most of Santa’s elves were present, including Mr. and Mrs. Snowflake and their son, Buddy. Buddy was under 21 but helped himself to a few eggnogs. After pouring his third drink, Buddy got a call from his friend, Jolly, who was at the factory with a few other elves. Buddy decided to leave Mrs. Claus’s party; he downed his eggnog, jumped on his sleigh, and began the drive to the factory. On the way, however, he was involved in an accident. Three people, including Buddy, were seriously injured.
Under these facts, it is likely Mrs. Claus will be liable to Buddy for his injuries and to those Buddy injured.
We can learn from Mrs. Claus’s mistake. This holiday season gather with friends and family, eat, laugh, enjoy each other’s company, and of course, indulge in libations. Keep in mind, however, that if you serve alcohol to someone under the age of 21, you expose yourself to civil liability and are inviting a lawsuit. Additionally, while you may have no liability to a third-party if you serve alcohol to adult guests, Garren v. Cummings & McCrady, Inc., 289 S.C. 348 (Ct. App. 1986), it’s always a better idea to enjoy adult beverages responsibly.
From all of us at the Mike Kelly Law Group, Happy Holidays!