Wow! Was I wrong. Note, I am not your lawyer, etc. But I found these in a quick search of Ill caselaw.
This seems to be a prominent decision on the issue.
Charles v. Seigfried, 651 N.E.2d 154 (1995)
Administrator of estate of minor who was killed in accident which occurred after minor drove away from party while legally intoxicated brought action against host who had provided alcohol. Host moved to dismiss action, and the Circuit Court granted motion.
Administrator appealed, and the Appellate Court, reversed and created cause of action against social hosts who knowingly serve alcoholic beverages to minors.
In separate action, passenger who was injured in accident while riding in vehicle driven by intoxicated underage person brought action against host of gathering who had provided alcohol, and the Circuit Court, granted host’s motion to dismiss. Passenger appealed, and the Appellate Court, reversed.
After allowing petitions of hosts for leave to appeal and consolidating actions, the Supreme Court held that: (1) General Assembly has preempted entire field of alcohol-related liability through its passage and continual amendment of Dramshop Act, and (2) no cause of action exists under Dramshop Act against social hosts who provide alcohol, regardless of whether alcohol is provided to adults, underage persons, or minors.
Charles was recently cited with approval in Wakulich v. Mraz, 785 N.E.2d 843 (2003)
Mother whose 16-year-old daughter died after drinking a quart of alcohol, alleged that social hosts were negligent in providing alcohol to daughter and inducing her to consume a dangerous amount. Court held mother failed to state a cause of action; apart from the limited civil liability provided in the Dramshop Act, no social host liability existed in Illinois.
Civil liability for alcohol-related injuries is limited under the Dramshop Act to two groups of defendants: (1) dramshop owners, and (2) persons 21 years of age or older who pay for a hotel or motel room knowing that the room will be used by underage persons for the unlawful consumption of alcohol.
Decision cites exception to the general rule against social host liability for situations involving college hazing incidents, which are covered by an anti-hazing statute.
Court held that mother DID state a cause of action for negligent performance of a voluntary undertaking, where complaint alleged that, after guest became unconscious, social hosts placed guest in family room, observed her vomiting profusely, checked on her periodically, replaced her vomit-saturated blouse, placed a pillow under her head to prevent aspiration, did not seek medical attention, prevented others from seeking medical care, refused to drive her home or to the hospital, and refused to call her parents; allegations satisfied any requirement that hosts’ conduct must have increased the risk of harm to guest, and complaint alleged an affirmative act by social hosts, not simply a failure to act.
Generally, pursuant to the voluntary undertaking theory of liability, one who undertakes, gratuitously or for consideration, to render services to another is subject to liability for bodily harm caused to the other by one’s failure to exercise due care in the performance of the undertaking. The court distinguishes a case where a host merely permits an intoxicated guest to “sleep it off” on the host’s floor, stating such host does not thereby assume an open-ended duty to care for the guest and assess the guest’s medical condition.
So, in Illinois at least, it seems you may be better off shoving a drunk out the door and into his car, rather than allowing him to sleep it off in your home. Lovely!