Alcohol

Mjccmc01 at aol.com Mjccmc01 at aol.com
Tue Jun 10 13:10:07 PDT 1997


Gunther,  I think it's probably OK for you to give liquor to your over-21
guests at a feast.  To be on the safe side, I'd try to do it at an event that
does not have an "on-board/off-board" pricing structure, because if the meal
is paid for separately, that will make the "it was a gift and not included in
the price" argument a little bit harder to bring off.  In addition to
licensing/sale considerations, there's something else you might want to think
about.

The problem, even with providing liquor as a gift, is that there is an
increasing trend to hold the provider of the alcohol (in this case, you
individually, since it was your gift) increasingly responsible for subsequent
damage caused by an intoxicated recipient.  In other words, Lord Lush has
been drinking pretty steadily all day.  At the feast, he accepts the liquor
you have graciously provided.  He then leaves the event, hops in a car and
injures someone in a drunk driving accident.  The injured party could
conceivably sue you for providing him with the alcohol that contributed to
his condition, even though you didn't provide all the alcohol, or even enough
alcohol, to get him drunk.

The law in Texas is pretty unclear on this point, but there are some test
cases winding their way through the appellate court on host responsibility
(God forbid we should be responsible for ourselves).

Hope this helps.

Siobhan



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