Southern hospitality is a long-standing tradition in Alabama, and our residents take pride in offering guests food and drink — especially during college football season. However, if you are serving alcoholic beverages at a party, there are certain laws in Alabama that you need to understand and follow closely.
Minors and Alabama Alcohol Laws
Most problems are associated with a homeowner serving alcohol to minors.
The Alabama drinking age is 21, so anyone under that cannot consume alcohol.
Alabama alcohol law to consider: Alabama Code § 28-1-5 (aka: You must be 21 or over to consume or buy alcohol under any circumstances, even in a private home or with parental permission.
When are homeowners responsible for minor guests drinking alcohol?
SITUATION 1: You serve alcohol to someone under 21 years old, and they are injured, or they hurt someone else while drunk.
SITUATION 2: You know that someone under 21 is drinking alcohol or using a controlled substance, and you do nothing to stop it and allow your party to continue.
#1 – Serving Alcohol to Minors at Your House Party
Alabama Homeowner Law to Know: Alabama Civil Damages Act
Homeowners hosting a party can be liable (legally responsible) if they:
- provide alcohol to a person under 21 years old, and that person is injured while intoxicated
- provide alcohol to a person under 21 years old, and that person injures someone else while intoxicated.
Who Can Sue You?
- The parents of an intoxicated person under 21 years old that is injured
- The children of an intoxicated person under 21 years old that is injured
- Anyone injured by an intoxicated person under 21 years old
Example:
You host a party and serve alcoholic drinks to someone under 21 years old. If that person becomes drunk and causes a car crash, you could be sued by their parents or children and anyone else they injured in the crash.
#2 – Allowing Minors to Drink at Your Party
Alabama Law to Know: Alabama Open House Party Law
Homeowners and adult party guests may also be guilty of a crime if they allow anyone under 21 years old to drink alcohol or use controlled substances on their property.
There are two parts to this law: knowledge and inaction. Individuals first have to be aware something illegal is taking place at the party AND then do nothing to stop or prevent the illegal activity or simply let the party continue.
Homeowners hosting a party and their adult guests are breaking the law IF they are aware that:
- Anyone under 21 is drinking alcoholic beverages or has a controlled substance AND
- They fail to take “reasonable action” (LINK/EXAMPLE) to prevent minors from drinking alcohol or bringing
Consequences:
Adults can be charged with a Class B misdemeanor. This allows for a punishment of up to 6 months in jail and a fine of up to $2,000.
Adults and Alcohol at House Parties
Legal Term to Know: “Negligently entrust”
In general, social hosts who provide alcohol to adults in Alabama are not liable for the wrongdoing of their intoxicated guests.
This is the rule even if the host serves adult guests that are visibly intoxicated.
When are homeowners legally responsible for adult guests drinking alcohol?
Homeowners hosting a party can be liable (legally responsible) if they:
- “Negligently entrust” a potentially “dangerous instrument,” such as a motor vehicle or a firearm, to an intoxicated guest.
Example of negligent entrust:
An adult guest at your party gets drunk. You loan them a car or let them shoot a gun in your backyard, and someone gets injured.
Our lawyers have extensive experience with cases where someone has been injured by a defendant who was illegally provided or allowed to consume alcohol. If you or a loved one has been injured by a minor who was provided alcohol at a party, we can help. Contact us today for your free consultation.
