Tis the season, y’all! It’s #2020 and we all know what that means…like everything else, the holidays look a little different this year, including those Christmas parties and holiday gatherings we all know and love. However, I know that some of us will still find a way to mix ‘n’ mingle this season.
Despite CDC recommendations on social gatherings due to COVID-19, many will still attend at least one holiday gathering this year. In fact, with the increased restrictions on public spaces like restaurants and venues where larger holiday bashes often take place, we will likely see even more holiday gatherings being hosted at private locations, like homes, than ever.
Therefore, we are answering the 3 most frequently asked questions we receive about laws surrounding private social gatherings. If you’re considering hosting or attending a private social gathering this season, here are the basic things to know:
“Is It legal to provide alcohol to guests?”
YES. A SOCIAL HOST IS COMPLETELY WITHIN THEIR RIGHT TO SERVE ALCOHOL TO CONSENTING ADULTS AT A PRIVATE GATHERING. THE TWO KEY COMPONENTS HERE? CONSENTING AND ADULTS. CONSENT MEANS GUESTS ARE COMPLETELY INFORMED ABOUT WHAT THEY ARE BEING OFFERED AND THEY VOLUNTARILY DECIDE TO PARTAKE. IN OTHER WORDS, A HOST SHOULD NOT MISREPRESENT WHAT IS IN THE HOLIDAY PARTY PUNCH. ADULTS IN THIS CONTEXT REFERS TO THOSE OF LEGAL DRINKING AGE – 21 YEARS OF AGE IN LOUISIANA. WHILE PRIVATE PARTIES ARE JUST THAT—PRIVATE— THE MINIMUM LEGAL DRINKING AGE EXISTS FOR A REASON. PARTY ATTENDEES ABOVE THE LEGAL AGE ARE MORE LIKELY TO UNDERSTAND AND PROPERLY HANDLE THE SIDE EFFECTS OF CONSUMING ALCOHOL, WHICH IS IN THE BEST INTEREST OF EVERYONE IN ATTENDANCE.
“What if an accident or injury happens at a gathering?”
ONCE YOU START MIXING COCKTAILS, FUN TUNES, GREAT COMPANY, AND GENERAL HOLIDAY CHEER, IT IS CERTAINLY POSSIBLE THAT THE OCCASIONAL MISHAP CAN OCCUR. THE BEST WAY FOR A PARTY HOST TO PROTECT THEMSELVES IS TO MAKE SURE THEY HAVE ADEQUATE HOMEOWNER’S INSURANCE TO COVER THEMSELVES IN THE EVENT OF AN ACCIDENT. IF YOU ARE CONSIDERING HOSTING A GATHERING AT YOUR HOME OR PRIVATE PROPERTY, I RECOMMEND REACHING OUT TO YOUR INSURANCE AGENT OR REPRESENTATIVE TO FIND OUT WHAT YOUR POLICY COVERS FOR GUESTS. THIS WAY, YOU CAN MAKE ANY ADJUSTMENTS IF NEEDED BEFORE TAKING ON THE LIABILITY OF HOSTING YOUR FIRST INAUGURAL HOLIDAY BASH.
“Is a host liable for what someone does after they leave a private gathering? For example, getting into a car accident, injuring themselves or someone else?”
NO. LOUISIANA IS ONE OF THE ONLY STATES IN THE U.S. THAT DOES NOT ENFORCE ANY BROAD “SOCIAL HOST LIABILITY” LAWS. THIS MEANS THAT IN MOST SITUATIONS, YOU ARE NOT LIABLE FOR WHAT A CONSENTING ADULT DOES AFTER LEAVING A GATHERING OF YOURS. REGARDLESS, SOCIAL HOSTS SHOULD STILL ENCOURAGE SAFE PRACTICES TO MINIMIZE RISK, LIKE SUGGESTING THAT ATTENDEES USE UBER OR A DESIGNATED DRIVER IF THEY WILL BE CONSUMING ALCOHOL.
Bottom Line
Holiday gatherings are most fun when hosts conduct themselves responsibly and encourage guests to do the same. If you plan to host or attend a holiday gathering this year, we hope you’ll keep these basic principles in mind, as well as follow the health and safety precautions within the best interests of you and your family.
From all of us at Chaz Roberts Law, we wish you and your family a very happy and healthy holiday season.
If you have questions or think we may be able to help you with any legal matters, call or text us anytime at 337-504-3202 or shoot us a DM on Facebook or Instagram. For more legal tips and helpful info, check out our other blog posts here.
