Legal Responsibility For Drunk Driver After Hosting A Super Bowl Party

Super Bowl parties are a lot of fun. However, if you are throwing a party, it is important to remember that some guest may consume too much alcohol during the game and then want to drive home. As the host of the party, you should ask yourself the following questions:

  • Can I get in trouble if a person leaves my house drunk and they get into an accident?
  • Can someone sue me if they leave my party drunk and hurt themselves?
  • Can an injured person sue me if someone leaves my party drunk injured them?

Some of the answers to these questions can be found in Florida Statute § 768.125. This statute states:

768.125. Liability for injury or damage resulting from intoxication
A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

What does this mean? If you sell or provide alcohol to someone older than 21, you cannot be held legally responsible if your guest is injured or injures someone else. If you furnish alcohol to someone under 21 years old, you could be responsible as the party host if they cause injury to another because of drinking and driving. Keep in mind that businesses have a different standard; they also have their own policies to ensure drunk people don’t drive. By and large, you cannot be sued if someone leaves your party drunk and hurts someone else. Also, it should be noted that courts may have a different take on the law if you are serving a known alcoholic, to the point of inebriation and allowing that person to drive.

After handling car accidents in the Tampa Bay Area for nearly 60 years, the personal injury attorneys at Perenich, Caulfield, Avril & Noyes, P.A. want to ensure that no one is injured in a car accident caused by a drunk driver after leaving your party. So here are some ideas that may help you throw a successful party with everyone getting home safe:

  1. Monitor who is coming and who is going.
  2. As the party host, don’t drink too much.
  3. Try to get people to leave their keys or jackets in a central location so you can see who is leaving.
  4. Serve food at your party.
  5. Offer friends a room or bed at your house.

Enjoy your Super Bowl party, the commercials, and halftime show and even the game, but do it safely. On the way home, drive safely and watch out for those who don’t.


Perenich, Caulfield, Avril & Noyes, P.A. has been caring for clients after car accidents, motorcycle crashes, pedestrian accidents, and other personal injury claims since 1955.Click here to schedule a free case consultation. With offices through Tampa Bay, we are able to help!

If there is no recovery, there are no attorneys’ fees or costs.

Leave us a reply

Concerned or unable to meet in person? We are happy to schedule meetings via Zoom or Facetime. Call us today at (727)796-8282.