Social Host Liability in Texas - Can You Sue a Party Host for a DUI-DWI Accident in San Antonio TX?

Throwing a party and serving alcohol are frequently paired activities in San Antonio, but what happens when your partygoers make bad decisions? Can you be liable for their poor choices? Understanding social host liability can help you mitigate risks or hold at-fault parties accountable for their decision to get behind the wheel after drinking alcohol. The San Antonio personal injury attorneys at Carabin Shaw ensure that victims of DUI/DWI accidents hold the correct parties accountable.

Calling a lawyer if you’ve suffered injuries in an accident involving alcohol is the best way to determine whether you can file a claim for compensation. The court rarely holds hosts liable for the decisions of their guests, and scheduling a free case review will help you determine whether you have a case without accruing any legal fees. Read our client reviews to find out how the legal professionals at Carabin Shaw help people protect their right to compensation.

For legal purposes, a social host is someone who knowingly serves alcohol at a party on their property and is subject to Texas social host liability. This is not a bartender at a club or a commercial server at an event. It is a private individual who serves alcohol at a social gathering.

While the Alcoholic Beverage Code states that “providers” may be liable for serving intoxicated people who are obviously a danger to themselves or others, the court generally only holds party hosts liable if they served minors under the age of 18. If you were a host, your San Antonio social host liability lawyer will argue that you aren’t liable for the decisions of adult guests. However, the victims of DUI accidents may sue a host if they served a minor.

You can sue a party host in San Antonio for premises liability or ordinary negligence, but they are not liable for another person’s San Antonio DUI/DWI Accident unless the person they served was a minor.

One of the interesting specifics about social host liability is that it does not limit liability to serving minors who are obviously intoxicated. Suppose a social host provides ANY of the alcohol that contributed to the minor’s intoxication. In that case, they may be liable for some or all of the damages from a subsequent DUI accident in San Antonio, Texas.

Many people falsely believe that party hosts are liable for their adult guests’ decision to drink and drive, and this is because of dram shop laws. A dram shop is a business that sells alcohol, such as a liquor store, restaurant, or bar. The court holds this type of establishment to a higher standard when it comes to the provision of intoxicants, and you can hire a lawyer to sue them as well as a drunk driver in the event of an accident.

Although dram shop laws are in place to hold alcohol providers accountable, it is difficult to prove that a provider negligently served an individual. Obvious intoxication is somewhat subjective, and the defendant’s lawyer will argue that the drunk driver did not appear impaired. In a civil lawsuit, the burden of proof is based on a preponderance of the evidence, and security cameras or witness testimonies are helpful in these cases.

Whether you are a party host or the victim of a DUI accident, hiring a Texas attorney who understands social host liability will help you to achieve the best legal outcomes. At Carabin Shaw, we offer our services on a contingency-fee basis so that you can seek those outcomes with no financial risk. We believe that everyone has the right to a skilled attorney from a reputable law firm, and we do our part in providing that to accident victims.

Call our toll-free number at 800-862-1260 to speak to a member of our English- or Spanish-speaking staff. Someone is available to talk with you 24/7 and guide you through the next steps to civil justice.

For more information:

• Texas Statutes
• Cornell Law
• Cornell Law