'Social Host' waivers gaining popularity at Mass. parties

(MyFoxBoston.com) -- The holidays are a time when so many of us get together to celebrate, heading to the homes of friends or family for parties, or hosting one of your own.

But with Massachusetts being home to one of the nation's stricter "social host" laws, a practice is gaining popularity where party hosts ask guests to waive their right to sue, should anything go wrong.

An annual Christmas party for friends has been a 10-year tradition for Diana and Ray Fegan.

"We've been doing it since we moved in here, since we got the house," Diana said.

They host anywhere from 20 to 50 people in their Brockton home.

And sometimes, friends bring friends and, "there's been times when I have not known people in my house," Diana said.

Hosting a party in this day and age is not without risk, especially in Massachusetts, where social host laws hold people throwing parties legally responsible for any injuries or damages someone might sustain or cause after becoming drunk at a private party.

It's led to sample waivers circulating online, and is something Diana and Ray have considered drafting up on their own.

Party hosts might ask their guests to sign one of the forms upon entering a party, thereby giving up the right to sue if that guest gets intoxicated and is injured or damages property, during or after the party.

FOX 25's Heather Hegedus asked attorney Kevin Colmey of the Boston law firm Sullivan and Worcester if that sort of waiver would hold up in court.

"If they take a stumble down the steps, for example, and hurt only themselves or God forbid they get into a car and drive and end up in a ditch hurting nobody but themselves, that waiver I think would help you a great deal because they have waived all claims against you," Colmey said.

But the problem, Colmey says, is that waiver does not protect a host from any harm against innocent third parties.

"Certainly other drivers on the roads, for example, have not waived anything against you, and if someone comes over to your house for a party and they drink too much, and they leave and they go out and injure somebody else, that injured person is going to try to hold you responsible and they haven't signed any waivers," he said.

Colmey does advise another way to limit risk might be to keep the party headcount down.

Diana and Ray also wondered if it might help if they ask guests to bring their own alcohol.

But Colmey says that does not make a difference in Massachusetts.

"The law really stems from what is the location of them drinking alcohol, not who gave it to them," he said.

And it's not just alcohol that you have to worry about these days. It could be anything from a faulty stair, to a toy left out, to even the hosts' dog that could cause them to get sued.

Hegedus asked Colmey if someone should consider putting those things on a waiver as well

"If you're the owner of a dog, and your dog bites somebody or harms somebody, the law really doesn't look to the facts and circumstances of how that happened or what was signed or not signed - they really keep it narrowly focused on was somebody bitten?" Colmey said. "If so, then whose dog was it? And then that person's responsible and that's really the end of the inquiry."

And that's regardless of whether or not they signed a waiver.

But when it comes down to it, following common sense may be the best way to avoid any trouble.

"The law is not extremely complicated in this area, so you just have to let your common sense guide you.  If you're going to have a party with 40 or 50 people, do your best to make sure it's not getting out of hand," Colmey said. "If it is - step in. Take somebody's keys. Don't let them drink and drive, of course. Much better to have an argument now than to have a potential tragedy tomorrow."

And back to Diana and Ray, that's exactly why they plan on keeping their party low key, this year. And they haven't ruled out handing out waivers, as well.

"When you come in the door, give them the paper and I think most people would understand it, and if you don't, maybe that's a sign that maybe there's a problem," Diana said.

Another good reminder before you host a party? Serving alcohol to minors in Massachusetts is punishable by up to a year in jail, and if the minor is hurt, that could lead to even greater penalties.

So enjoy the holiday season, but be smart and safe.

Cox Media Group