Overview

Under social host liability laws, adults who serve or provide alcohol to minors or to persons who are obviously intoxicated can be held liable if a person who is provided alcohol is killed or injured, or kills or injures another person. Social host laws vary from state-to-state. In some states, social host liability is covered under dram shop laws. Limitations to dram shop laws normally only cover commercial service and not private parties. Social host civil liability refers to laws allowing an injured third party to sue social hosts for injuries caused by their drinking guests. Laws about hosting underage drinking parties are strong if they include negligence, or recklessness at various property types — outdoor, residence or other, and for possession, consumption, or for intention to possess or consume.

The strongest social host laws are common law, common law and statutory law, or statutory law with no limitations. Social host laws are considered weaker if they exempt family or a resident of a household, if they require knowledge or an overt act. The law is weaker if they include limitations on who may be sued, or limitations on elements or standards of proof. Some communities have “response cost recovery ordinances” where fines to party hosts will cover costs of enforcement and emergency medical services (Paschall, Lipperman-Kreda, Grube, & Thomas, 2014).

Hawai‘i Law

In Hawai‘i, it is unlawful for an adult to provide alcohol to anyone under the age of 21 and/or knowingly permit a minor to possess or consume alcohol on their property under their control. Penalties for violating this law include a misdemeanor offense. Hawaii Revised Statute § 281-101.5, Hawaii Revised Statute § 712-1250.5. Residence, outdoor, other types of properties are covered by this liability law. Exception(s): Family (SAMHSA STOP ACT report, 2015). In 2013, the law was amended by requiring a “reckless rather than a “knowing state” of mind for the misdemeanor crime of promoting intoxicating liquor to a person under 21 years old.

Causal Domain

Economic availability
Retail availability
Social availability
Promotion & media
Enforcement
Community norms

Not effective
Varied evidence of effectiveness
Effective

No evidence found
Grey literature
Single published study
Numerous published studies
Systematic review, meta-analysis
Cochrane Review, Community Guide, NREPP

A study estimated the effect of social host laws involving 18-20 year-olds and found a reduction in drunk driving traffic fatalities by 9% (Dills, 2010). It was thought that the reduction was from a decrease in drunk driving rather than from drinking less. Further, a systematic review identified these laws might reduce heavy episodic drinking and drunk driving among adolescents drinkers. Another study of the effects of social host laws on underage drinking in 50 California cities concluded that social host laws with strict liability and civil penalties imposed administratively may be associated with less frequent underage drinking in private settings, among teens who already drink alcohol (Paschall, Lipperman-Kreda, Grube, & Thomas, 2014). However, a 2012 review of the research on current social host liability policies found that social host policies are variable and enforcement is not consistent. More research is required to develop a measure of policy strength (Wagoner et al., 2012).

Implementation in Hawai‘i

Strategy	Location	Time Period	Coalition
Social Host Ordinance	Maui County	2017 - Present	Maui Coalition for Drug-Free Youth