In 2000, Massachusetts passed a
social host law following the death four years prior of a Marshfield teenager
who died after drinking at a private graduation party and crashing his car.
The social host law makes it
possible for the host of any party to be held civilly liable for injuries
suffered by others if the host knew or should have known that a guest was
intoxicated, continued to serve that guest, and because of intoxication, that
guest causes an injury to others.
This law extends to those who not
only host parties at home, but also those who host a party at another venue.
If the intoxicated guest is under
the age of 21, a host can also be held criminally liable, and Massachusetts has
implemented harsh sentences and fines for parents who allow underage drinking
in their homes. It should be noted, however, that Massachusetts only
extends civil liability to parents if they actually supply underage guests with
alcohol.
Are You Covered?
Before you host your next party,
check your insurance policy to make certain you are adequately protected for
property damage and potential liability, especially if you plan to serve
alcohol at your party. Under Massachusetts law, a host may be liable for
property damage, medical expenses, lost wages, and other damages suffered by
anyone injured by an intoxicated guest.
If one of your guests has a little
too much to drink, and falls on your property, you will want to make sure you
have adequate insurance coverage to protect yourself from any liability claims.
If you own your home, you may wish
to consider adding an additional personal liability umbrella coverage to your
existing homeowner's policy. An umbrella policy is designed to pay amounts in
excess of the coverage under your homeowner's policy.
If you rent an apartment or home,
don't assume that you are covered under the owner's insurance policy, which
typically only covers common areas for liability and physical damage. Your
personal property is not protected under those policies; nor are you protected
from personal liability claims under them.
You may wish to consider purchasing
renter's insurance, which protects you and your personal property from theft,
damage, and personal injury lawsuits. Renter's insurance is generally less
expensive than homeowner's insurance.
Make this holiday season a joyous one for you and your guests by celebrating
safely!
