Drunk Drivers Are a Moving Time Bomb: Should States Impose Liability on both Social Hosts and Commercial Establishments Whose Intoxicated Guests and Patrons Subsequently Cause Injuries or Death to Innocent Third Parties?

Abstract

Statistics show that drunk driving remains the #1 cause of death on our roadways. Mothers Against Drunk Driving (MADD) states that a person is injured in a drunk driving crash every two minutes, that there are 300,000 drunk driving injuries each year, and that there are 29 deaths daily and one death every 50 minutes due to drunk drivers in the United States. Regarding teenage drinking, MADD reports that “[a]bout a quarter of car crashes with teens involve an underage drinking driver,” and “[t]een alcohol use kills 4,300 people each year - that’s more than all illegal drugs combined.” Drunk driving also has an economic cost to everyone. Specifically, MADD states that drunk drivers cost every adult in the United States more than $500 annually, and that “[d]runk driving costs the United States $132 billion a year.” To try to help alleviate drunk driving, dram shop acts were legislatively enacted to establish the standard of care which governs the conduct of providers of intoxicating liquors and beverages. Numerous states have dram shop statutes which provide for civil liability when restaurants, liquor stores, and other such commercial establishments sell alcohol to visibly intoxicated adults or to minors who subsequently cause damage, injury, or death to third parties as a result of alcohol-related accidents. In contrast, many states have declined to impose liability on social hosts who serve alcohol to adult guests, even if the guest’s intoxication later causes injury to a third party. Yet, in some states, hosting an event with alcohol (e.g., birthday party, cookout, Super Bowl party, or employer-sponsored company picnic or Christmas party) can expose the social host to liability. This article provides different viewpoints regarding the pros and cons of imposing liability on both social hosts and commercial establishments whose intoxicated guests and patrons subsequently cause injuries or death to innocent third parties. Part II provides statistics related to the incidences of drunk driving in the United States, discusses recent DUI crashes that have caused serious injuries or death to third parties, and gives a historical overview of the passage of dram shop laws in the United States. Part III provides an overview, statistics, and comparative analysis of various state dram shop laws and social host liability laws, including such laws in several Southeastern states. Part III also discusses the various arguments that have been made for and against the imposition of liability on commercial establishments and social hosts when their intoxicated patrons and guests subsequently cause injuries or death to innocent third parties and includes a summary of recent lawsuits in several Southeastern states due to drunk driving accidents after intoxicated patrons or guests left commercial establishments or social host gatherings. Part IV analyzes the problems and effectiveness of current dram shop and social host liability laws. Part IV also discusses current “model” dram shop and social host liability laws. Part V concludes with recommendations for teenagers, parents, adults, families, friends, social hosts, commercial establishments, law enforcement officers, prosecutors, and legislatures regarding some of the best ways to allow citizens to have social gatherings or visit commercial establishments where alcohol is sold or provided, while also effectively addressing alcohol-related car crashes in order to prevent and best protect innocent third party victims from drunk drivers.