What are the liabilities for the adult hotel party I will be hosting where alcohol will be consumed?
Full Question:
I am throwing a private adult (byob) party at a local hotel with approx 100 people. What are my liabilities? Would I be liable for any nudity?
03/07/2009 |
Category: Civil Actions |
State: Tennessee |
#15475
Answer:
Tennessee does not have a social host liability statute. Social hosts who do not sell alcohol or furnish alcohol to minors are generally not found liable as the cause of injury due to consumption of alcohol by adult guests at a party.
The following is a TN statute:
57-10-101. Proximate cause.
The general assembly hereby finds and declares that the consumption of
any alcoholic beverage or beer rather than the furnishing of any
alcoholic beverage or beer is the proximate cause of injuries inflicted
upon another by an intoxicated person.
57-10-102. Standard of proof.
Notwithstanding the provisions of § 57-10-101, no judge or jury may
pronounce a judgment awarding damages to or on behalf of any party who
has suffered personal injury or death against any person who has sold any
alcoholic beverage or beer, unless such jury of twelve (12) persons has
first ascertained beyond a reasonable doubt that the sale by such person
of the alcoholic beverage or beer was the proximate cause of the personal
injury or death sustained and that such person:
(1) Sold the alcoholic beverage or beer to a person known to be under
the age of twenty-one (21) years and such person caused the personal
injury or death as the direct result of the consumption of the alcoholic
beverage or beer so sold; or
(2) Sold the alcoholic beverage or beer to an obviously intoxicated
person and such person caused the personal injury or death as the direct
result of the consumption of the alcoholic beverage or beer so sold.
