The holiday season brings joy and gatherings with friends and family. However, if you are hosting a party where minors might have access to alcohol, you could face serious legal consequences, even if you did not give them a drink yourself. This article discusses which laws cover these circumstances and how you can protect yourself before you host your next party.
Social host liability laws in Wisconsin
Social host liability refers to the legal responsibility a property owner or host bears when guests consume alcohol on their premises and subsequently cause harm to themselves or others. Wisconsin approaches this area of law differently depending on the age of the person drinking.
The state does not have a typical “dram shop” law for adults. This means, if you host a party and an adult guest drinks and later causes a car accident, you are usually not legally responsible for the damages.
The rules change completely for minors. State law holds hosts both criminally and civilly liable if anyone underage drinks on their property. Liability, however, is not automatic: it depends on whether the alcohol substantially contributed to any harm.
While it is illegal to provide, sell or give alcohol to minors, a limited parental exception exists. Parents, legal guardians or spouses of legal drinking age may provide alcohol to the minor as long as they are physically present. This exception applies solely to your child and does not extend to stepchildren, nieces, nephews or your child’s friends, even if their parents give verbal permission.
How to keep your holiday gathering safe and legal
Taking preventive measures protects both you and your guests during holiday celebrations. You might want to consider:
- Checking identification for all guests
- Storing alcoholic drinks in a locked cabinet, a separate refrigerator or a different room
- Serving all drinks yourself instead of allowing a self-serve bar
- Creating a guest list in advance and talking to the parents about your alcohol rules
- Offering appealing non-alcoholic drinks so underage guest have festive options
If you become aware of underage drinking during the party, taking immediate action demonstrates you did not knowingly permit the behavior. This might include confiscating the drink, contacting parents to pick up their children or ending the party early if necessary.
Legal consequences for serving alcohol to minors
First-time offenses typically result in municipal violations rather than criminal charges. However, you can face fines up to $500 for each underage person who consumed alcohol at your property. If multiple minors drank at your party, these fines stack up quickly.
The situation worsens when injuries or deaths occur. Under state law, providing alcohol to a person under 18 who then causes great bodily harm can result in a Class H felony, with penalties of up to $10,000 in fines and six years in prison. If the minor causes a death, the charge becomes a Class G felony, carrying up to $25,000 in fines and 10 years in prison.
Civil liability adds another layer of risk separate from criminal penalties. If an intoxicated minor leaves your property and injures someone, you can be sued for damages, meaning you may have to pay for medical expenses, lost wages, pain and suffering and other costs that quickly reach hundreds of thousands of dollars.
A criminal defense attorney can evaluate the specific facts of your case if you find yourself facing this situation. They can also negotiate with prosecutors, potentially reducing charges or arranging alternative resolutions like diversion programs for first-time offenders.
