New Year's Eve: the biggest party night of the year. But who's responsible if someone leaves your home drunk?
Lawyers who spoke to NewsChannel 15 say, you may be liable for the actions of your party guests, or you may not, depending on the circumstances.
But one lawyer who handles many DUI cases says, it is at least something you should think about, before you pour that first drink.
Most of us know about dram shop laws that establish the liability of bars that continue to serve alcohol to people who are visibly intoxicated.
But what about your private party? Could you be held liable for someone who drives away from your home drunk and kills someone?
"I don't think it's always a clear cut yes or no. But I think you can be, absolutely," said Myrtle Beach attorney Michael Wells.
Wells says a lot depends on what you know or should have known about the intoxication level of your party guests or how hard you help them get safe transportation.
"If somebody's brought their own liquor or drinking out of a flask and you don't know those things, I think that's different than you pouring them a double and feeding them more drinks and then say, hey, here's your keys and get in your car and go home."
Wells says, it's especially a problem if guests at your party are underage, even if you don't know it.
"If you have someone in your home and you're providing alcohol to them, you have a responsibility to know that they are 21 or older and ignorance is not a defense or an excuse in that situation at all."
At a minimum, Wells says you have a moral responsibility and maybe a legal one, for your guests' safety.
"That's just as important as having the food and any beverages you're going to have, that needs to be just as important as a plan to get people home safe."
Wells says, if you make an effort to stop a guest from driving drunk, that can make a difference in your liability, so the best advice may be to order a cab for your party guests or arrange a designated driver.
