ALCOHOL (RESPONSIBLE HOSTING & SERVER LIABILITY)
Historically, the furnishing of alcohol to an adult was not considered a wrongful act. But now approximately
most states have enacted laws that impose civil liability on persons serving alcohol to someone whom is
obviously intoxicated. These laws are referred to as "Dram Shop" acts. They enable injured third parties to
recover monetary damages from the supplier of alcohol.
Pennsylvania has its own Dram Shop Act; this law only deals with retailers licensed by the Liquor Control
Board. It does not apply to social hosts who provide alcohol to persons over the age of 21. To date,
Pennsylvania decisions have not held a social host liable for injuries caused by his or her guests over 21,
even if he or she served the guests while they were visibly intoxicated.
However, there is always the chance that liability could be imposed if the facts of the case were appropriate.
This could happen if you served alcohol to a visibly intoxicated adult and you knew that the adult would then
drive a car while highly intoxicated.
Pennsylvania law may permit recovery of damages from a host who serves alcohol to the point of intoxication
to a person under 21 years of age where someone is subsequently injured as a result of the minor's negligence.
This is a significant risk to student organizations. One who knowingly allows premises over which that person
has control to be used for the purpose of consumption of alcohol by minors may be liable as a social host if
the intoxicated minor is injured by/or causes injury to a third party. The social host need not actually
furnish the alcohol, but the creation of a "hospitable environment" may suffice. Million dollar lawsuits have
arisen out of these situations.
An adult furnishing liquor to a minor may also be held liable if the minor causes injury. This means that
person serving the alcohol could be held financially responsible for harms committed by the intoxicated
person.
It is illegal under the Motor Vehicle Code for a driver to drink any alcohol at all in a vehicle that is in
operation on the Pennsylvania highway. The state has also followed the national trend of imposing harsh
penalties on persons who are found guilty of driving under the influence.
Responsible use of alcohol occurs when "individuals do not harm themselves or those around them when drinking.
" In order to be a good host or hostess, it is important to encourage the responsible use of alcohol. If a
party is planned correctly, and the hosts know their responsibility, then the party will run smoothly, and
there will be fewer problems with alcohol abuse.
For a responsible party:
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Always serve food with alcohol. |
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Always make mixed drinks as they are to be made. Making them too strong only result
in more intoxicated people and the liquor supply being finished faster.
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Always offer a non-alcoholic beverage. |
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If you serve an alcohol punch, make it with a non-carbonated base. The body absorbs
alcohol faster when it is mixed with a carbonated mixer.
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Do not force drinks. |
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Do not encourage others to gulp drinks. Do not play drinking games or offer shots of
alcohol.
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Make diversions possible. Alcohol should not be the primary focus of any gathering. |
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Maintain high personal standards. Be sure your guests understand the expectations
regarding consumptive behavior. Make contingency plans for those who drink too much;
do not let drunken people drive.
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Stop serving alcohol at least one hour before the party is over |
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Be firm about not serving alcohol to anyone under 21. |
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Only purchase enough alcohol for the party. A good rule of thumb is to purchase 2
drinks for every person of drinking age.
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For more information concerning responsible hosting and server liability, contact the
HealthWorks Peer Education Program located in room 19/20 Ritenour or call (814) 863-2500.
Community Help Centre, is a 24-hour service located at 236 South Allen Street, State College.
Call (814) 237-5855.
Students at other locations should contact their Campus Health Office for more information.
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