Texas Social Host Liability Explained

Everyone loves a great holiday party, and usually, when there’s a party, there’s usually alcoholic beverages. Have you wondered about your liability as a party host? It’s important to know what Texas social host liability is and your responsibilities as a host in case of an injury or accident during your event.

What is Social Host Liability?

According to iii.org, Texas social host liability is the legal term for the responsibility of someone hosting a party where alcohol is served. Luckily, if you are in Texas, the law does not hold the social host liable for any actions an adult may take due to the consumption of alcohol on the host’s premises. 

Even though the law states you are not legally responsible, morally, we hope you wouldn’t let anyone leave your party overly intoxicated. Have a designated driver take them home, use a ride-share service or allow them to sleep it off in the comfort of your home to ensure the safety of everyone!

What If Someone Damages My Property During The Party?

If you experience a wild party guest and your very expensive vase gets the brunt of the excitement, you can file a claim with the responsible party’s homeowners insurance! You can ask the guest to file a claim against their personal property insurance policy, seeking defense and coverage under the liability portion of their policy. 

Related Reading: What is Personal Property Coverage?

Am I Responsible if My Party is at a Restaurant?

Restaurants and other establishments are not held to the same standard. The law states if you host a party at a bar or restaurant, the business is liable for damages caused by a drunk driver who consumed alcohol on their premises. The state of Texas will see them, not you, as a “provider” because they’re selling alcohol with a license or permit. 

So, the law says it is their job to evaluate the sobriety of their customers and deny them if they feel they have had too many drinks. Failure to deny customers can cost them more than the tab!

What If I Hire A Bartender For My Party?

Inform your bartenders of the right to deny any patron they feel has had too much to drink and could present a danger to others. However, suppose you are a host, and you charge a fee for alcohol and serve it to a minor who is intoxicated. In that case, you will be held to the same legal repercussions as an establishment because the law will no longer see you as a host but as a provider.

What If There Are Underage People at My Party? 

In 2005, the state of Texas passed a law enforcing liability on social hosts who are 21 years old and over and who provide alcohol to minors. The Texas Alcoholic Beverage Code 2.02 states social hosts who are 21 years old and over are liable in two instances. 

1. If the host intentionally serves the minor alcohol. 
2. At the time the beverages were provided, the host knew the minor was intoxicated and presented a danger to themselves or others, and the intoxication resulted in damage. 

Violation of this law is a Class A misdemeanor punishable by incarceration for one year and up to $4,000 in fines to the state. 

Host a Safe Party With TGS Insurance!

Parties are a great time to unwind and relax, but staying safe remains priority number one. Protect yourself and your home with these tips and the right home insurance policy for your needs. TGS Insurance works hard to find you the most coverage for the lowest rate on the market by comparing over 35 top-rated companies and finding the lowest premium for you. We will continue to do so year after year should you experience a rate increase. Our customer service is here for you through the entire process, and if you need to submit a claim, your agent will also be there for you. Contact us and see how TGS Insurance can save you money today!