According to social host laws in North Carolina, an individual, group, or organization can be liable if they supply alcohol to someone who later gets into a drunk driving accident.
These laws are meant to reduce the incidence of drunk driving and discourage serving alcohol to people unfit to drive.
If you have been injured due to an intoxicated driver, you may be able to pursue additional compensation from the party that supplied them with alcohol. You can discuss your case with a DUI car accident lawyer in Charlotte to see if North Carolina’s social host laws apply in your circumstances.
Social Host Liability in North Carolina
Social host liability refers to the concept that hosts who supply alcohol to individuals who are incapable of driving safely can be legally responsible for drunk driving injuries.
More specifically, social host laws recognize that drunk driving accident victims may have a liability claim against hosts when the following are true:
- The host served alcohol to someone.
- The host knew or should have known the person was intoxicated.
- The host knew or should have known the person was driving soon.
For example, if someone hosts a house party and serves alcohol to a guest until they are intoxicated, and the guest drives home, the host could be liable if the guest injures someone in a drunk driving accident. It doesn’t matter how many guests there are—so long as there is one, the host can potentially be liable.
The justification behind social host liability is that North Carolina law allows injury victims to pursue compensation from any party whose negligence contributed to their injuries. Hosts have a duty to ensure they minimize risk to others, and supplying alcohol to an intoxicated person who is driving violates that duty, which constitutes negligence.
Proving Social Host Liability in North Carolina
One difficulty with proving liability under social host laws in North Carolina is proving that the host knew or should have known the individual was too drunk and was planning on driving. Typically, these cases use a “reasonable person” standard, which asks whether a reasonable person in a similar situation would have known.
For example, if a host saw a guest who was visibly stumbling from being intoxicated and who was talking about driving home later, they would have a duty to cut them off. Seeing obvious signs of intoxication and hearing verbal confirmation that they are going to drive would likely be sufficient to impute liability under social host laws.
Other evidence that could prove a host had the requisite knowledge or should have known includes:
- Observing clear signs of intoxication (e.g., slurred speech, lack of coordination, etc.)
- Knowledge that the guest drove to the party that night.
- Knowledge that the guest had been previously drinking.
- Communication (speech, text, etc.) from the guest indicating an intention to drive.
- Knowledge of the guest’s drinking habits and past driving behaviors.
One important consideration in social host cases is the timeline. It can be difficult to prove whether the guest got drunk at the host’s residence or afterward. Evidence like eyewitness testimony, breathalyzer tests, and physical evidence can prove the timeline of events.
Damages You Could Recover Under Social Host Liability
If the host is liable for supplying the intoxicated driver with alcohol, you could sue them for damages to recover your injury-related losses. Depending on the circumstances, you could recover compensation for your:
- Emergency medical bills and continuing medical expenses
- Lost work income and employment compensation
- Reduced earning capacity due to disability
- Miscellaneous injury expenses
- Pain and suffering
- Emotional and mental anguish
- Quality of life reductions from scarring and disfigurement
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Social Host vs. Dram Shop Laws in North Carolina
Social host laws in North Carolina are similar but importantly different from dram shop laws. Dram shop laws apply to businesses that sell alcohol, like bars or liquor stores. According to North Carolina General Statutes 188-121, businesses can be liable if three things are true:
- The business sold alcohol to an underage person.
- The underage person caused a drunk driving accident.
- The accident was the cause of the victim’s injuries.
One notable difference is that dram shop laws in North Carolina specifically apply to minors. Social host laws, in contrast, apply to guests of all ages, not just underage ones. If an underage drunk driver harmed you and you believe a store sold them alcohol, you can talk to a North Carolina dram shop liability lawyer about suing the vendor.
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Contact a Personal Injury Lawyer in North Carolina
When it comes to drunk driving accidents, you should be able to hold accountable every party that contributed to the event, not just the individual driver. Social hosts should be held responsible when their negligence causes injury to others.
If you have injuries from an accident with an intoxicated driver, a Charlotte car accident lawyer from CR Legal Team can be your legal advocate. We can investigate your circumstances to see if social host laws in North Carolina apply and pursue compensation from all liable entities.
Schedule a free consultation today. At CR Legal Team, We Stand Up For You®.
