This article evaluates social host liability, paying special attention to case law and statutory authority that specifically targets social hosts who furnish alcohol to individuals who are between the ages of eighteen and of twenty-one. This article argues that social host liability is not the proper way to address the problems associated with underage drinking, as it simply shifts blame without addressing underlying problems that lead to irresponsible drinking behaviors. In addition, this article provides alternative, more effective, strategies to combat irresponsible drinking behavior among college-age individuals.
3. Most jurisdictions do not specify a minimum number of guests at a gathering for a State-imposed liability statute to apply. Provisions that specify a minimum number are described in the Row Notes or Jurisdiction Notes.
4. There is considerable variation across jurisdictions regarding the description of the social host's relationship to the property. Social hosts may have legal possession of property; control of property; ownership or control of property; or be the owner or occupant of property. APIS does not address these distinctions.
5. In some jurisdictions, State-imposed liability statutes apply only to social hosts above a certain age. APIS does not document the specific age provisions.
6. In some jurisdictions, State-imposed liability provisions apply only if the minors who are possessing or consuming alcohol are under a certain age less than 21. Such conditions are described in the Row Notes or Jurisdiction Notes.
7. Some States have specific provisions relating to State-imposed liability for social hosts when underage drinking is limited to beverages containing less than one-half of one percent alcohol. APIS does not document provisions that are limited to such beverages.