Legal issues of an open bar?

SER626

Quick question... we are planning on having an open bar at our wedding, much to my mother's dismay. She is trying to tell me that if anything happens when people leave the reception that WE would be responsible for it because we offered the open bar.
I was a bartender for 4 years and I know that the bartender can be held accountable for overserving people, but can the people whose wedding it is be held responsible???

Lisa8888

Where are you having your reception? If you are having it in a regular venue, then you are not responsible. If you are having it at a private home, the homeowner could be liable. It depends on state law. In my state, the homeowner could be held liable.

carmanna

I'm also having an open bar and my understanding is if your have a bar service do it then they are liable, because the have to have liability insurance just for that reason, but if you are furnishing the liquor then you are responsible

tldh

dram shop laws vary by state. Call your homeowners insurance.  They should be able to help you out - even if it means added insurance for your reception.

MyNameIsNot

In general, dram shop liability is the same regardless of who pays.  So just as you could have been held liable as a bartender, so could your event bartender.  And just as a restaurant could be liable, so could you as event host or the event space, depending on the state.  The rules vary from state to state.

Generally event spaces are required to have insurance to cover just such an event.  It's normally a requirement to get a liquor permit.  Check with whomever you are hiring for the booze to make sure they have the proper insurance.  

As long as you have a professional bartender, you should be fine.  If you're dragging in bottles and having your nephew's cousin's friend serve, you probably need to buy an insurance policy.  

Knittibell

Right, in MA, I believe the venue/bartender is responsible.

When I planned a friend's tent wedding in her parent's backyard, I had them get insurance for this purpose, as they had an open bar.

2dBride

This is going to be a matter of state law, so don't rely on the views of anyone from another state (or anyone who isn't a lawyer).  Your best bet is to have wedding insurance (either as a rider to your homeowner's insurance or as a separate policy) that makes sure you aren't liable for anything from a slip and fall at the venue to a drunk guest plowing into someone on the way home.

tldh

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_reception-ideas_legal-issues-of-open-bar?plckFindPostKey=Cat:Wedding BoardsForum:5Discussion:947d0f07-95c9-4682-b73b-d0ca22435944Post:e2b3c223-fd82-47dd-b4f7-9fc58b0ca6a7">Re: Legal issues of an open bar?</a>:
[QUOTE]This is going to be a matter of state law, so don't rely on the views of anyone from another state (or anyone who isn't a lawyer).  Your best bet is to have wedding insurance (either as a rider to your homeowner's insurance or as a separate policy) that makes sure you aren't liable for anything from a slip and fall at the venue to a drunk guest plowing into someone on the way home.
Posted by 2dBride[/QUOTE]

I am a lawyer and will repeat my earlier post: Check with your homeowners insurance.  "Generally" doesn't mean anything when it comes to state law.  You have to know your own and get the information from a reliable source - so please don't just post your question on your local board.

danieliza1127

Check with the venue where your wedding is being held.  They should know.

alithebride

i also dont believe 'open' or 'cash' mean one iota. if you're responsible it's ANY bar.

SuMmErKuTiE

We had an open bar and I never even considered this being an issue. I'm pretty sure as long as you have the venue or a bar service serving the alcohol then they are liable. If you're having a backyard wedding and having a family member or friend pouring the drinks or it's self serve that may be a different story. But, yes just check with your venue.