Service of alcohol to guests carries responsibilities

A recent decision by our Court of Appeals, New York State’s highest court, provides an important lesson to party hosts who serve alcohol to their guests. In Martino v Stolzman, the 7 judges on the Court examined the liability of the hosts in separate lawsuits brought against them by their guest and a passing motorist. Both claimants were severely injured when a male guest backed his truck out of the hosts’ driveway after attending a New Year’s Eve party with his lady friend. He was later tested and found to have a blood alcohol content of .14 percent, nearly twice the legal limit. Both his female passenger and the driver of the vehicle struck by his truck asserted claims against the hosts of the party under New York’s Dram Shop Act, a law that prohibits the service of alcohol to guests who are visibly intoxicated. A violation of the Dram Shop Act exposes hosts to liability to third persons injured by their guest who drives off drunk and causes an accident. Serving alcoholic beverages to your guests is not illegal but you must always be sure your guests do not drive away drunk. Good hosts take care of their intoxicated guests by arranging a substitute driver or alternate transportation.