In California, the laws for dram shops (businesses that sell alcohol), and social hosts as well, generally protect those serving alcohol from liability.
But, the vendor or you can be held liable for serving a minor which you can find online). Also, knowingly over-serving someone, or serving an “habitual or common drunkard”, is indeed risky and notably ill-advised .
Bottom line: We have a litigious state, unfortunately. So, be prudent. If need be, make sure to limit the pouring, or, if someone appears to be tipsy, get him or her a taxi. And, to repeat, do not serve alcohol to minors.Paranoia no doubt, but we are having a dinner party at our house. We are doing the cooking. Earlier this year we went to a friend’s house and two people claimed they got ill from something they ate.
Food poisoning can be claimed, particularly if more than one person gets ill; common sense tells us that it probably was something they both ate, at the same place, at or around the same time. But, testing of what is in that person’s systems is of consequence as well. After all, it is flu season, so if someone who has dinner at your house then later complains you caused their illness, it may not be so.
Ron Sokol has been a practicing attorney for over 35 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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