# Liable if a drunk leaves your party?

**URL:** <https://boards.straightdope.com/t/liable-if-a-drunk-leaves-your-party/222853>\
**Category:** Factual Questions\
**Created:** [January 5, 2004, 6:32pm UTC](https://boards.straightdope.com/t/liable-if-a-drunk-leaves-your-party/222853 "2004-01-05T18:32:31Z")\
**Posts on this page:** 2\
**Page:** 2

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**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\
**Post date:** [January 6, 2004, 4:14pm UTC](https://boards.straightdope.com/t/liable-if-a-drunk-leaves-your-party/222853/21 "2004-01-06T16:14:32Z")

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> [@](#):
>
> \*Originally posted by Dinsdale \*
> 
> * * *
> 
> 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!

Actually, judging by the last paragraph you cited and which I left intact above, you’re probably OK if you just let them crash on your floor, but if you put them in a bed, check on them a couple times, don’t let others check in/call a hospital/call parents/take the person home, and stuff like that, then you’re actively monitoring their situation and are then liable.

**pravnik** : MADD might have some weasel room in that they include liability for serving **minors** as one factor. From the link you provided, “Social host liability: statute or case law that imposes potential liability on social hosts as a result of their serving alcohol to obviously intoxicated persons or minors who subsequently are involved in crashes causing death or injury to third-parties.” It’s possible that some states might not have such laws regarding adults, but providing alcohol to a minor might be another matter entirely.

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**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\
**Post date:** [January 6, 2004, 4:39pm UTC](https://boards.straightdope.com/t/liable-if-a-drunk-leaves-your-party/222853/22 "2004-01-06T16:39:06Z")

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I’m disappointed in your lack of respect for my lawyering ability, **ferret**.

Surely you noted my intentional use of the weasel word “may” in a sentence clearly constructed with an aim to engender a possibly unwarranted emotional response… 😉

Also, I didn’t check the MADD site, but I was quite surprised to see these (and other) cases in Ill. clearly denying liability in cases where ETOH was provided underage drinkers. Of course, such actions may well constitute criminal offenses…

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