Can you sue the person who threw a party if you drink and crash your car after? 32 Answers as of February 21, 2012

Virginia law does not favor such actions. Contributory negligence is a complete defense.

The short answer would be yes you can.

Not if you are the one who got drunk. If you injure someone after drinking at the fundraiser they can sue you and the host.

Possibly. You would need to prove that the guest was provided with alcohol AFTER he/she was "obviously intoxicated."

Many states have laws that govern this very issue, so I would need to know your jurisdiction to give you an answer. But I can give you some general ideas to get you started. Many states hold the party host responsible if he/she serves a minor and the minor gets in an accident. Some hold the homeowner strictly responsible even for adults. Most states would hold the homeowner/host responsible if he/she knowingly served an intoxicated adult who then caused injury (so it boils down to a factual inquiry of what the host knew concerning the guest's intoxication level). A lawyer in your area should be able to tell you what the law is and whether it is worth pursuing the homeowner. Almost all personal injury lawyers will give you a free initial consultation during which you could discuss these issues. So it shouldn't cost you anything to get a more concrete answer from a local lawyer who can apply your law to your specific facts. Good luck.

Thats an interesting question. If a homeowner serves alcohol and someone gets intoxicated and crashes their car hurting someone else, then yes, the homeowner may be responsible. But your question is a little different if I understand correctly what you are asking. I dont know the answer for sure, but my gut is telling me that if the person who got intoxicated is the one who got hurt, then it would most likely be considered that persons fault. However, if the person who drank was under the legal age for consuming alcohol, then my answer would be different. A minor, or say one who is twenty in a State where the legal drinking age is twenty-one, is served alcohol and get drunk, then, under those circumstances, I believe that the person who served the alcohol could be held responsible. Please note the following necessary legal disclaimer: I have not given legal advice. I only give legal advice to my clients. I am not acting as your attorney. I have not agreed to represent you. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. All claims have time limits. In general they are in the State of New York: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights!

Generally, a person who holds a party may be liable for damages caused by someone who leaves their home while intoxicated; however, the law changes substantially if it is the intoxicated person who is injured.

If the person who got drunk and was not a minor got hurt I doubt if he would have a claim against the homeowner unless the homeowner played a large part in him getting drunk. Speak to a lawyer.

If the injured person is a member of a protected class, i.e., a minor, but not if the person is an adult who willingly gets intoxicated.

No - private parties do not hold the same liability as bars and restaurants. Go and google "dram shop laws" for an explanation of this term.

Social hosts are generally not liable for the negligence of their guests. There are certain circumstances where they can be, however. Because you mention a fundraiser, the host may be deemed more of a business than a social host because the individual is inviting people in for their own benefit. In that case, they have a duty of care to avoid over-serving visibly intoxicated individuals. It's not an easy case, but it's worth a free consult to look into. Good luck.

Assume Oregon law applies: 1. Are you the driver? If yes, then no. 2. Are you an injured party, then the answer is yes, but your damages may be reduced by your own negligence in getting into a car driven by a person DUII; 3. Are you an innocent third party injured or who sustained property damage by a drunk driver, the answer is yes. It's called the Dram shop act, but there may be a 180 day notice to put the responsible party on notice of the potential claim. Call if you are #3 and let my staff know you are a LawQA caller. Thanks.

Every state is different. If you were an adult, and you drank the alcohol, you would be the person at fault in most states, not the homeowner. Talk to an attorney in your state. Attorney is licensed in Alabama only. This writing does not constitute "legal advice" nor does it start an attorney-client relationship.

In Texas there is no longer "social host" liability. Therefore, the short answer is "no".

A person may have a claim against a homeowner that throws a party where someone gets drunk, drives, and then crashes into them. However, you will not have a claim against the homeowner for your own injuries if you are the one that got drunk and drove.

Although more facts are necessary you have an action against the driver and possibly the homeowner. Feel free to contact us to review your matter further.

No. Party host is not liable for guests who drink and drive. 1714. (b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah's Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person. (c) No social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.

Ordinarily, a person who voluntarily becomes intoxicated cannot sue the person or tavern who provided the alcohol. So, no, you probably can't sue your host.

If you are under age, you likely could. Otherwise, I would not waste my time. You're an adult; act like one. I would not take your case...not ever.