Social host laws deal with the idea that the host of a social event may be responsible to the people attending that event. If you, as a social host allowed one of your guests to drink too much. If they cause an accident on their way home, you as the host could be responsible for the accident.
The application of Social Host Laws in Texas are different from many other states. Some states treat a social host the same as they would any dram shop claim. When a business serves drinks to a client who is drunk, they can become liable for injuries to a third party.
Texas Social Host Laws
In Texas a social host is treated differently from the Dram Shop Statute. When the law was written, Texas did not include social hosts to the same level of responsibility as a retail establishment. As a result, the courts have thus far declined to make the social host responsible.
The law in Texas does place liability on a host who provides alcohol to a minor (under 18 years old). If you provide alcohol to a minor, you could be charged with a crime. It is a Class A Misdemeanor to provide alcohol to a minor.
Negligence theory
Texas provides more protection to a social host. However, there is an opening under certain situations If a person allows their friend drive drunk, they could find themselves liable through a negligent undertaking theory. This has not made its way through the courts yet. But is an open area to recover damages from a drunk driver.
Conclusion
Injured in an accident caused by a drunk driver? You need to understand your rights. There may be multiple causes of action. Reach out to your personal injury attorney right after your accident, so they can begin collecting information for your claim.
