Social Host Liability
Social host liability laws apply to situations in which an individual is served alcohol in a non-commercial setting and proceeds to cause a motor vehicle accident. The individual that provided alcohol to the intoxicated driver, or the host of the event, may be deemed legally liable for the consequences of any resulting crash. In Wisconsin, the concept of social host liability only applies in cases where the consumer was a minor. While minors may be legally provided with alcohol in very particular circumstances, such as when they are accompanied by their parents, it is otherwise to illegal to serve them alcohol and for them to drink and drive. Allowing a minor to illegally obtain alcohol and contributing to a drunk driving accident represents negligent behavior that could result in collisions, severe injuries, and even fatalities.
Stipulations of Social Host Liability Law
The laws for social host liability will only apply to a drunken driving accident when certain conditions are met. The individual who provided alcohol to the drunk driver may only be held accountable for the following reasons:
* They recognized that the consumer was under 21
* They should have identified the consumer as a minor, but failed to do so
* They provided money or other means for the minor to obtain alcohol
* The minor was served alcohol while unaccompanied by their parents
When these conditions are met, those who are hurt in accidents caused by intoxicated minors may be able to seek financial compensation from the minor driver and also from the social host. This can be tremendously helpful as it may ensure that more of ones post-crash needs are met.
Determining whether a social host liability claim may be an appropriate addition to ones lawsuit will require a thorough investigation and review of the case. Accordingly, it is typically in an accident victims best interest to discuss the matter with a Madison car accident attorney who can offer legal counsel and representation in this trying time.