Social Host Law

Q. WHAT IS A SOCIAL HOST?

A. A social host is anyone who is not a commercial liquor vendor who illegally sells, barters, or gives intoxicating liquors to another. The Minnesota Social Host Statute applies only to one who illegally sells, barters, furnishes, or gives liquor to a minor.

Q. HOW HAS COMMON LAW INFLUENCED SOCIAL HOST LIABILITY?

A. Historically, common law has not allowed for liability for a dramshop or social host action. Social host and dramshop liability have been found only in statutory laws created by the legislature.

Q. HOW HAS THE SOCIAL HOST LAW EVOLVED IN MINNESOTA?

A. The legislature imposed liability on social hosts in 1911 and took it away in 1977.

* In 1911 when the legislature passed the Civil Damages Act, it imposed civil liability against “any person” who illegally sells, barters or GIVES intoxicating liquor causing the intoxication of the person for whose injuries damages are sought.

* In 1977, the legislature deleted the words “or gives” from the statute, taking away any liability from any social host. The result was that the Civil Damages Act applied only to a commercial vendor of liquor.

* The 1977 amendment deleting the word “gives” from the Civil Damages Act, totally halted common law/social host liability.

IN 1990 AND 2000 SOCIAL HOST LAW WAS RE-ESTABLISHED

Q. HOW DID THE LEGISLATURE DEAL WITH SOCIAL HOST LIABILITY IN 1990?

A The 1990 civil legislation (Minn. Stat. §340A.801 (6) read as follows: “Nothing in this chapter precludes common law tort claims against any person 21 years old or older who knowingly provides or furnishes alcoholic beverages to a person under the age of 21 years.”

Q. HOW DID THE LEGISLATURE DEAL WITH SOCIAL HOST LIABLITY IN 2000?

A. In 2000, the Legislature and the Governor passed a strong bill aimed at punishing the adult who provides alcohol to minors. THIS BILL HAS BECOME THE PARENTS “RIGHT TO SAY NO” TO UNDERAGE CONSUMPTION OF ALCOHOL.

1. Minnesota Statute Section 1. [340A.90] Civil Action; Intoxication of person under age 21] Subdivision 1. [RIGHT OF ACTION] (a) A spouse, child parent, guardian employer or other person injured in person, property, or means of support, or who incurs other pecuniary loss, by an intoxicated person under 21 years of age or by the intoxication of another person under 21 years of age, has for all damages sustained a right of action in the person’s own name against a person who is 21 years or older who:

a. had control over the premises and, being in a reasonable position to prevent the consumption of alcoholic beverages by that person, knowingly or recklessly permitted that consumption and the consumption caused the intoxication of that person; or

b. sold, bartered, furnished or gave to, or purchased for a person under the age of 21 years alcoholic beverages that caused the intoxication of that person. This paragraph does not apply to sales licensed under this chapter.

All damages recovered by a minor under this section must be paid either to the minor or to the minor’s parent, guardian, or next friend as the court directs.

An intoxicated person under the age of 21 years who caused the injury has no right of action under this section.

2. Subd 2. [SUBROGATION CLAIMS DENIED] There shall be no recovery by any insurance company for any subrogation claim pursuant to any subrogation clause of the uninsured, underinsured, collision, or other first-party converges of a motor vehicle insurance policy as a result of payments made by the company to persons who have claims that arise in whole or in part under this section.

3. Subd 3. [COVERAGE EXCLUDES] (a) There shall be no coverage for liability created under this section under homeowner’s insurance as defined under section 65A.27 unless:

a. specifically covered in a policy; or

b. covered by a rider attached to a policy.

c. This subdivision expires on December 31, 2001.

Q. IS THERE A NOTICE PROVISION FOR SOCIAL HOST?

A. Unlike a dramshop action, there is no requirement of a 240 day notice to the defendant that provided the liquor to a minor.

In addition, because it is a common law claim, the statute of limitations would be 6 years as it is for a negligence claim, not 2 years as it is for a dramshop claim.

Q. IS THERE A CRIMINAL LAW AIMED AT THE SOCIAL HOST?

A. The Brockway Bill Minnesota Stat. § 340A.701.subd1(4) 2002, also called “Kevin’s Law” was enacted by the legislature in 2000. This bill increases criminal penalties on adult providers from a gross misdemeanor to a felony in certain cases.

It is a felony, punishable by fines and/or jail time for a person other than a licensed retailer of alcoholic beverages....to sell, barter, furnish, or give alcoholic beverages to a person under 21 years of age if that person becomes intoxicated and causes or suffers death or great bodily harm.

Q. WHAT IS THE PUBLIC POLICY PURPOSE OF THE SOCIAL HOST LAW?

A. To protect minors from injuring themselves or others because of alcohol consumption.

Q. IS THERE SOCIAL HOST LIABILITY FOR ADULTS SERVING ADULTS?

A. NO. Social Host only applies to adults serving liquor to minors, not to other adults.

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