Legal Question in Business Law in Maryland

Serving Alcohol

I own a dance studio. We are having a party outside of business hours and are charging people at the door. They have been told it is a BYOB party. Can I / the business be held responsible if someone was to get hurt as a result of alcohol consumption on my premis? I am not charging for the alcohol nor am I providing it but I am charging an admission fee at the door.


Asked on 2/13/08, 1:25 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Serving Alcohol

The persons attending the party would most likely be invitees. An invitee is someone who is specifically invited onto the property of another. The property owner has an obligation to provide invitee the highest duty of care. This requires taking every reasonable precaution to ensure that the property is safe and hazard free. Allowing use of alcohol on the premises presents risk and possible liability. It is possible that intoxication may extend the potential for someone to be injured while on premises (e.g., slip and fall due to wet floor.)

Also, a third party who is injured by a guest after leaving the premises may seek to recover from you, especially where the guest may have few assets or inadequate insurance. You may want to encourage designated drivers and to discourage excessive drinking or stop someone who appears to be undertaking such.

Having guests bring their own alcohol relieves you somewhat as you did not directly serve drinks; however, risk still exists since you permitted the activity.

Any underage drinking brings a host of other issues.

The above is a summary of overall issues and does not cover all matters.

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Answered on 2/15/08, 2:02 pm


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