Editor,
The first week of the 2012 fall semester is in full swing. Grab a slice at Saggios, catch a tan at the Duck Pond and invite your friends over to celebrate the victory of knowledge with a cold one — assuming that you’re 21, of course.
In true lawyer fashion, allow me to shatter this Zen moment with a legal disclaimer: what happens when a cold one becomes a six-pack? By hosting a “get together,” are you potentially liable for the damages caused by your guest’s DWI?
The short answer is yes.
In New Mexico, the Liquor Liability Act holds that a social host who recklessly provides alcohol to a guest is liable for the damages resulting from the intoxication.
Nevertheless, two requirements must be present before a social host faces liability for their guest’s actions.
First requirement: a guest/host relationship must be established for a host to face liability. In New Mexico, the common factors to determine if this relationship is present include “exclusive” or “superior control” over the guest’s access to alcoholic beverages, including: (1) the ability to deny the guest a drink if they become noticeably intoxicated, (2) actual knowledge of the guest’s intoxication and (3) actual knowledge that the guest will be driving later.
The first hurdle is satisfied when the host has complete control over the guest’s supply and access to alcohol. The gray area occurs when guests bring their own alcohol or have independent access to alcohol. In these situations, it is more difficult to establish the necessary guest/host relationship.
Assuming that the first requirement is met, the second requirement is to establish that the host provided the alcoholic beverages in a reckless manner, disregarding the rights of others.
Recklessness is defined by New Mexico law as “the intentional doing of an act with utter indifference to or conscious disregard for a person’s (right of safety).” Moreover, New Mexico law also holds that the facts must illustrate the host knew that the individual was too intoxicated to drive or to have another drink. Negligence isn’t enough. The facts must show actual knowledge or that the host should have known the guest’s level of intoxication.
Here are some suggestions to limit potential liability:
1. Make events at your home B.Y.O.B.
2. Make nonalcoholic beverages, food and water readily available.
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3. Never continue to serve guests who are obviously intoxicated.
4. Stop serving alcohol toward the end of the evening.
5. If any guest appears too intoxicated to drive, call a cab, designate a driver to take them home or allow them to sleep at your home.
Matthew Sanchez
Attorney, The Family Law Firm
