(MOBILE, Ala.) Dec. 30 -- Ringing in the New Year could mean ringing it in with a lawsuit if you plan on hosting a New Year's Eve party. NBC 15 News investigated whether you would be liable for serving alcohol and sending off a drunk driver from your home.
Marsha King is staying busy, grabbing last minute supplies for the New Year's Eve party she's helping the Knights of Columbus host. A party where alcohol will be served.
"It's a concern anytime you host a party, everybody needs to be responsible," said King.
Liquor stores are staying busy, too, selling champagne and other spirits for those stocking up on party supplies.
"Sure, sure everybody's looking forward to it," said Rainbow Package Store owner Mahesh Batavia.
But could serving alcohol at a private party mean you're liable for what an intoxicated person does after he or she leaves? Personal injury attorney Dean Waite says no.
"But that doesn't prevent them from suing you. You can be sued for anything," said Dean Waite.
Waite says bars and restaurants can't legally serve intoxicated customers, and if you charge people to come to your party, you're acting like a business. And that means opening yourself up further to a lawsuit.
"If you are charging people to come into your home for the right to consume alcohol, you are getting yourself up for more liability than just to invite them there and provide it," said Waite.
The best advice to protect yourself, Waite says, is avoid letting potentially drunk drivers leave your party. Take keys away, have cab numbers ready, or offer a free night's stay on the sofa.
Advice, King agrees with wholeheartedly.
"We'd never let anybody leave a party for any reason that was unable to drive," said King.
If you are faced a lawsuit, insurance agents say most insurance companies will provide an attorney to represent you, if you have a homeowner's policy. If you are a renter, insurance agents say the same counsel will be provided, but only if you have renter's insurance.
If you have too much to drink on New Year's Eve there is a free towing service available called Operation 40 Proof. The program helps you get a free ride and a free tow home. It's available in Mobile and Saraland. The number to call is on your screen 460-8999.
Also AAA Alabama is offering the Tow for Life service. They will tow your car up to 10 miles from your home for free. That number is 1-800-222-4357.
