Social host liability in Michigan: when a party host can be responsible

In Michigan, a social host who serves alcohol to an adult guest is generally not liable when that guest later drives drunk and injures someone: Court of Appeals decisions say social host liability does not extend to serving an adult who then injures a third party.^[1] Serving minors is different. The Michigan Supreme Court recognized in Longstreth v Gensel (1985) that furnishing alcohol to a minor creates a rebuttable presumption of negligence, and two criminal statutes punish furnishing alcohol to minors or knowingly allowing them to drink at a gathering.^[1][2][3]

A "social host" here means a private person who provides alcohol, for example at a home party, as opposed to a bar, restaurant or store with a liquor license. Claims against licensed sellers are a separate statute, explained on the dram shop law page.

Why the dram shop act does not reach private hosts

The dram shop act places its duty on a "retail licensee," and gives injured people a right of action against a licensee that unlawfully sold or furnished alcohol to a minor or a visibly intoxicated person.^[5] In the Liquor Control Code, a retail licensee is a person licensed to sell alcohol at retail for consumption on or off the licensed premises.^[7] The act is the exclusive remedy for money damages against a licensee for those sales.^[6] A private party host is not a licensee, so any claim against a host has to rest on another legal theory, and Michigan courts have limited those theories.

Serving an adult guest who later drives

The Court of Appeals summarized the law this way in Uplinger v Howe (2012): "Social host liability in Michigan cannot be premised on serving alcohol to an adult."^[1] It explained that the Supreme Court in Longstreth kept the common-law principle that "the drinking of liquor, rather than the furnishing of it," is the proximate cause of an injury when the drinker is an adult, unless the Supreme Court or the Legislature changes that rule.^[8]

The same opinion quoted the published decision in Ribbens v Jawahir (1988): "Social host liability, predicated upon violation of the Liquor Control Act, does not extend to social hosts who serve alcohol to an adult who subsequently injures a third party as a result of his intoxication."^[9] In Ribbens, the injured plaintiff was hit by an allegedly intoxicated driver who was over 21 and had been drinking at a party hosted at the defendants' home by their 19-year-old son.^[9]

Uplinger is an unpublished Court of Appeals opinion. It is quoted here because it collects and quotes the published decisions (Longstreth, Ribbens and Rogalski), which were not read directly for this guide.^[1][8][10]

Furnishing alcohol to a minor: the civil side

For guests under 21, the Supreme Court in Longstreth recognized that furnishing alcohol to a minor creates a rebuttable presumption of negligence.^[1] A rebuttable presumption is a starting assumption that the other side may disprove with evidence.

That rule has limits. The Court of Appeals in Rogalski v Tavernier (1995) explained that Longstreth held hosts liable in the context of alcohol-related car crashes, which are "a danger clearly foreseeable by social hosts," but that criminal or violent acts are not foreseeable results of serving minors and cannot be a basis for social host liability.^[10] A later panel, in Nichols v Dobler (2002), distinguished Rogalski on its facts.^[10] Whether a particular injury fits within these rules is decided case by case.

Furnishing alcohol to a minor: the criminal law

MCL 436.1701 says a person may not sell or furnish alcohol to a minor, and makes it a crime to do so knowingly or without making diligent inquiry into whether the person is a minor.^[2] "Minor" in the Liquor Control Code means anyone under 21.^[11] Showing that, before furnishing the alcohol, the defendant demanded and was shown a driver's license, military ID or other bona fide proof of age and identity is a defense to a charge under that section.^[12]

Offense (non-licensee)	Maximum penalty
Furnishing alcohol to a minor, first offense (MCL 436.1701)	60 days in jail and a fine of up to $1,000[2]
Furnishing alcohol to a minor, second or later offense	90 days in jail and a fine of up to $2,500[2]
Furnishing where the minor's drinking is a direct and substantial cause of the minor's death	Felony: 10 years and/or a fine of up to $5,000[2]
Knowingly allowing a minor to drink at a social gathering, first violation (MCL 750.141a)	30 days and/or a fine of up to $1,000[4]
Knowingly allowing a minor to drink at a social gathering, second or later violation	90 days and/or a fine of up to $1,000[4]

The party law: MCL 750.141a

MCL 750.141a is often called the social host law. It forbids an owner, tenant or other person with control over a premises, residence or other real property from knowingly allowing a minor to consume or possess alcohol at a social gathering there, and from knowingly allowing anyone to use a controlled substance at a gathering there.^[3]

• Who is covered. "Control" means authority to regulate or govern the conduct of others on the property, including a possessory right such as a tenant's.^[13]
• Where it applies. A "residence" includes a house, apartment, condominium, mobile home, cottage, cabin, trailer, tent, and a motel, hotel or bed-and-breakfast unit; "premises" includes meeting halls and public or private parks.^[13]
• What a gathering is. A "social gathering" is 2 or more people for any purpose, unless everyone there is a member of the same household or immediate family.^[13]
• What "allow" means. Permission or approval in writing, orally, or by conduct, including failing to take corrective action, that would make a reasonable person believe permission was given.^[14]
• Corrective action. Promptly demanding that the minor leave or stop (and following up if not), or promptly reporting it to police or to someone with greater authority over the property.^[14]
• Presumption. Proof that the defendant controlled the property, knew a minor was drinking there and failed to take corrective action creates a rebuttable presumption that the defendant allowed it.^[15]
• Exceptions. The section does not apply to a minor's alcohol use for religious purposes or to lawfully prescribed controlled substances, and it does not authorize furnishing alcohol to a minor.^[15]

In Uplinger, the Court of Appeals agreed with the trial court that the statute requires actual knowledge that minors are drinking on the property; a strong suspicion, or a showing that the host "should have known," was not enough, and the statute imposes no duty to investigate a suspicion.^[16] That opinion is unpublished.^[16] The penalty under 750.141a may be imposed in addition to the penalty for any other crime arising from the same conduct.^[4]

When a guest drives: related rules

A host who hands over car keys is in different territory. An owner or person in control of a vehicle may not authorize or knowingly permit it to be driven by someone who is under the influence, at 0.08 or more, or visibly impaired.^[17] That is a misdemeanor, and a felony if the driver then causes a death or serious impairment.^[18] Civil owner liability for a driver using the vehicle with consent is covered on suing an impaired driver.^[19] See also letting an impaired person drive your vehicle.

An under-21 guest who drives after drinking faces the zero-tolerance offense, which reaches 0.02 or more or any alcohol in the body from drinking, other than at a religious service.^[20] See the zero-tolerance law, minor in possession and the guide for parents of under-21 drivers.

What people get wrong

• "A host is liable whenever a guest drives drunk." Not when the guest is an adult, under the Michigan cases described above.^[1]
• "Hosts are only at risk if they bought the alcohol." MCL 750.141a reaches knowingly allowing a minor to drink or possess alcohol at the gathering, which can include failing to take corrective action.^[3][14]
• "It's legal if it's my own house." A residence is expressly covered, and only gatherings made up entirely of the same household or immediate family fall outside the definition.^[13]
• "The dram shop act covers parties." It applies to retail licensees.^[5]

For the other civil routes available to people injured in a crash, see rights of people injured by impaired drivers.