Cohousing-L Mailing List: RE: alcohol and liability

[Rowenahc (rowenahc]

I will start with my usual lawyerly caveat that the law is different in
every state and if you are really concerned you should consult a local
lawyer.  That being said, in a number of states liability has been placed on
private hosts as well as bar owners who continue to serve alcohol to visibly
inebriated or underage drinkers.  However, in our Commonwealth, provided the
Cohousing Association itself is not providing free alcohol or asking
visitors to buy drinks, there is no case which suggests that the association
would be held liable under any circumstances that come to my mind. So far,
at least, uninvolved people have not been held responsible for not stopping
a host from serving his or her guest with a drink.

This is not something we worry about, although many people bring wine and
beer to drink with their meals and serve to their visitors. However, I did
make the pitch that alcoholic beverages should never be left unattended in
the common house because of the potential for underage drinkers to hijack
it!  Not that our wonderful kids ever would, of course!

Rowena
Cambridge Cohousing


But as we struggle with an unexpected liability suit for something else,
we can't help thinking about what is prudent in terms of liability. In
Washington (maybe everywhere?) if a person drinks and then, for example,
drives their car into someone and kills them while under the influence,
the person (even in a private home) who provided the alcohol can be sued
big-time.


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