Legal Question in Real Estate Law in Maryland
Owner liability
Can I be held liable for guests DWI injuries or accidents? If they are trespassing (uninvited, on the property but not indoors) am I still liable? If they are underage is the law different?
2 Answers from Attorneys
Re: Owner liability
Generally speaking, a host cannot be held liable for injuries inflicted on someone by a guest. There have been exceptions where the host knew the guest was inebriated and continued to serve alcohol to him/her, and failed to take reasonable steps to prevent the guest from driving, but these are rare. If you served minors and then let them drive, you're more likely to be held responsible. In the case of the trespasser, I don't even understand your scenario, unless you're referring to someone who "crashed" your party. Again, it becomes a question of your awareness of the presence of the trespasser and your control over his/her alcohol consumption.
Re: Owner liability
You owe no duty to a trespasser who drinks on your property and is arrested for DWI. Of course you would take action to eject a trespasser once you know of his/her presence.
You may owe a duty to such a guest. This is a fact based inquiry that you should discuss with an attorney.
You are, by statute, guilty if you serve alcohol to a minor or permit the serving of alcohol to a minor upon the premises and an injury may result. It is a criminal violation to serve alcohol to a minor. Should you have other questions please contact me.
Where you have a legal issue, you should contact an attorney and place no reliance upon internet resources.