Understanding social host liability in Nashville, Tennessee
If you or a loved one has been hurt by an intoxicated individual or minor who was served alcohol at a private party, you may be entitled to sue the host under Tennessee’s social host liability law. A Nashville personal injury lawyer can help you navigate the legal requirements to hold the negligent party accountable. Weir & Kestner Injury Lawyers are committed to helping you get justice, recover your losses, and reduce your stress.
What is social host liability?
Tennessee has two primary laws regarding serving alcohol to minors: dram shop law and social host liability law. Dram shop law states that bars and similar establishments are prohibited from serving alcohol to anyone under the age of 21. Similar to dram shop laws, social host liability applies to individuals hosting parties in their homes.
According to Senate Bill 1605, homeowners or other private property owners can be held liable if they serve alcohol to an individual who later hurt you while they were drunk, presumably while driving. The bill particularly applies to hosts who serve or have knowledge that minors and underage individuals are drinking at their gatherings. Gatherings are defined as two or more people who are not of the same family or household.
If you have been hurt by a minor who was illegally served alcohol, Tennessee’s social host liability law allows you to file claims against both the driver and the host. When found at fault, the social host can be held liable for your damages and be punished according to state law.
Collect evidence for your social host liability claim
If you have been injured by an underage individual who was drinking, it is important to file a police report and gather as much evidence as possible to file a claim against them and the social host. You should receive medical attention for your injuries and keep all test results and medical bills. It is also important to get photographic evidence of the accident and your injuries and witness statements.
Damages you can claim in a social host liability case
Securing compensation is important after an accident with a drunk driver. It can help cover your medical costs and other losses. Because of Tennessee’s social host liability law, you can seek compensation from the social host and the individual who hurt you.
Some of the losses you can recover in a lawsuit include:
- Doctor visits, labs and diagnostics, ongoing therapies, equipment, and medication
- Damage to your vehicle and any personal belongings that were damaged
- Reduced or lost earning potential from being unable to work
- Pain and suffering
- Emotional and mental distress, including PTSD, anxiety, and depression
- Loss of enjoyment or quality of life
Talk to a lawyer to understand the potential value of your settlement. They will help you determine what losses you can recover through compensation and work with you to calculate the full value of your losses. Your lawyer is a skilled negotiator and will seek the maximum amount you are entitled to in your case.
Your lawyer will work to demonstrate negligence in a social host liability case
To receive compensation in a social host liability case, you must first demonstrate that the host provided alcohol to the drunk individual responsible for your injuries. This requires the help of a knowledgeable lawyer who can investigate the case, gather evidence, and establish the standard of negligence for your case.
Your personal injury lawyer will demonstrate negligence by showing that the social host was obligated not to serve underage individuals alcohol or that the host should have reasonably known that they were drinking. Your lawyer will show the host failed in their duty to both prevent underage drinking and to let the person leave. Because of these actions, the host is directly linked to causing your injuries and can be held liable.
A seasoned lawyer knows how to build a case to get results strategically. They can also ensure you are treated fairly by the opposing party and insurance company so you can get the compensation you deserve. They will also verify that your case falls within the one-year statute of limitations per Tenn. Code Ann. § 28-3-104.
Weir & Kestner Injury Lawyers help you hold negligent social hosts accountable
At Weir & Kestner Injury Lawyers, we understand that injuries sustained by an individual under the influence of alcohol can leave you with serious injuries and expensive medical bills. We ensure you do not have to go through this alone and provide you with the support and representation needed to secure compensation.
Our team is ready to ease your burden and aggressively fight for you. Learn more about what we can do for you when you contact us online or call our offices at (615) 220-4180 to schedule your free consultation today.
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