You host a party at your home where alcohol is being served. Later that evening, one of your guests leaves intoxicated and causes a serious accident. Could you be held responsible?
Many people assume the answer is automatically “no” because the guest made their own decision to drink and drive. In Oklahoma, the answer is more complicated depending on the age of the guest, whether the alcohol was served to minors, and the specific circumstances involved.
While Oklahoma generally treats social hosts differently than bars and restaurants, there are scenarios where allowing the consumption of alcohol at a gathering can result in serious legal consequences.
What is Social Host Liability?
Social host liability refers to the legal responsibility a person may face after allowing alcohol consumption at a gathering they host. This may include a private party, reception, or another social event held at a home or property under their control.
Unlike bars and restaurants that serve alcohol commercially, social hosts are generally private individuals. In Oklahoma, social host liability is most commonly discussed in connection with underage drinking.
How Social Host Liability Differs From Dram Shop Liability
Although the two are often discussed together, social host liability should not be confused with dram shop liability.
Dram shop liability generally applies to businesses like restaurants, bars, liquor stores, and other commercial establishments that sell or serve alcoholic beverages. Under certain circumstances, these businesses may be held legally responsible for unlawfully providing alcohol to certain individuals.
Social host liability focuses on private individuals rather than commercial alcohol vendors; each has different legal standards and procedures that apply.
What Is Cody’s Law
One of the most important Oklahoma laws involving social host liability is known as Cody’s Law. The law was named after Cody Greenhaw, a 16 year-old who died at a gathering where alcohol and drugs were knowingly being used by minors. The law was created to discourage underage drinking and hold adults accountable when they knowingly allow it to occur.
Under Oklahoma law, it is illegal to knowingly and willfully allow a person under 21 to possess or consume alcohol or drugs on property under your control. You don’t necessarily have to be the one providing the alcohol or drugs to be violating the law - knowingly allowing the consumption may result in criminal liability.
This law applies to homes, apartments, land, rentals, and other locations under a person’s control. This means someone may face criminal liability even if they did not own the property where the gathering occurred.
Civil Liability vs Criminal Liability
With social host liability, the distinction between civil and criminal liability is important.
Criminal liability involves prosecution by the government that may result in fines, probation, and potential jail time.
Civil liability involves lawsuits seeking compensation for any injuries, property damage, or wrongful death that might have occurred. Depending on the case, a person may face criminal liability, civil liability, or both.
Criminal Liability for Allowing Underage Drinking
Cody’s Law mainly creates criminal consequences for knowingly allowing underage drinking or drug use.
The penalties become increasingly severe for repeat violations. A first violation is a misdemeanor punishable by a fine of up to $500 and mandatory participation in a victim impact panel.
A second violation within ten years is still a misdemeanor, but may result in increased fines of up to $1000 and mandatory participation in a victim impact panel.
A third violation within ten years becomes a Class D1 felony, which is punishable by up to five years in prison, a fine up to $2,500, or both.
Any violation resulting in great bodily injury or death is also a Class D1 felony, punishable by up to 5 years in prison, a fine between $2,500 and $5,000, or both.
Does It Matter If the Guest Is Over 21?
Yes.
Cody’s Law and Oklahoma’s criminal social host liability laws in general are largely focused on preventing underage drinking and underage drug use. The law only applies to individuals under 21.
This doesn’t mean there are never legal consequences involving adult guests. However, Oklahoma generally treats social hosts differently than restaurants, bars, and other businesses serving alcohol. Different legal standards may apply, depending on specific circumstances involved.
What If Someone Is Seriously Injured or Killed?
The legal consequences become much more serious if someone is seriously injured or dies as a result of underage drinking.
As previously mentioned, any Cody’s Law violation resulting in great bodily injury or death may be charged as a Class D1 felony with substantial penalties.
In addition to criminal consequences, serious injuries or fatalities may also lead to civil lawsuits pursuing compensation for medical expenses, lost income, pain and suffering, or wrongful death.
What If I Didn’t Know They Were Drinking?
Knowledge of underage drinking occurring plays a major part in these cases.
The statute applies when a person knowingly and willfully allows consumption to take place. Whether a person had actual knowledge of the activity can become a major factor in determining potential liability. Investigators may examine what the host knew, whether the activity was obvious, and whether any steps were taken to stop the activity once it became known.
Can You Be Sued?
Possibly.
While Cody’s Law focuses on criminal penalties, there is still the possibility that civil lawsuits may arise after alcohol-related incidents.
Individuals who face injury or loss of a loved one as a result of a crash caused by an intoxicated minor may try to pursue compensation through a civil lawsuit. This civil pursuit is separate from criminal liability and the cases are treated separately, meaning the civil process may proceed regardless of whether criminal charges are actually filed.
Civil liability is complicated and case-specific. It is important for anyone facing potential social host liability to speak with an attorney as soon as possible.
The Bottom Line
Many people assume they can’t be held responsible for what happens to their guests after the party ends. In Oklahoma, however, knowingly allowing underage drinking or drug use can carry serious consequences.
Under Cody’s Law, adults who knowingly allow minors to possess or consume alcohol or controlled substances on property under their control may face criminal penalties ranging from misdemeanor offenses to felony charges.
Understanding Oklahoma’s social host liability laws before hosting a gathering can help protect both you and your guests. If you are facing Cody’s law or other alcohol-related charges, contact us so we can help you understand your rights and navigate your options.