As Thanksgiving and Christmas approach in Boston, office celebrations, Friendsgiving dinners, and family gatherings start to fill the calendar. Alcohol is often part of these events, and unfortunately, so are drunk driving crashes. If you or someone you love has been hit by a drunk driver after a holiday party, you may be facing medical bills, time away from work, and a confusing set of questions about who is responsible.
Massachusetts law does more than hold the drunk driver accountable. In some situations, the bar, restaurant, or even the private party host who provided the alcohol may also be legally responsible. Understanding dram shop liability and social host duty can help you protect your rights and pursue the full compensation you deserve.
Jeffrey Glassman Injury Lawyers represents drunk driving victims throughout Boston and across Massachusetts, and this guide explains what you should know as the holiday season begins.
Why Thanksgiving and Holiday Parties Increase Drunk Driving Risk
Thanksgiving week is one of the heaviest drinking periods of the year. The night before Thanksgiving is sometimes called “Drinksgiving” or “Blackout Wednesday.” People head home for the holiday, meet friends at local bars, and attend workplace or neighborhood parties.
More alcohol, combined with late-night travel and winter weather, leads to a spike in impaired driving crashes. Even when you do everything right, such as driving sober and wearing your seat belt, you can still be seriously hurt because someone else chose to drink and drive.
When that happens, it is essential to look not only at the driver but also at where and how that person became intoxicated. That is where dram shop and social host liability come in.
Dram Shop Liability in Massachusetts, Explained in Plain Language
“Dram shop” is a legal term for bars, restaurants, liquor stores, and other businesses that sell or serve alcohol. Under Massachusetts law, a licensed establishment must not sell or deliver alcohol to an intoxicated person.
If a bar or restaurant keeps serving a visibly drunk customer, and that customer later hurts someone in a crash, the business can be held financially responsible. Massachusetts dram shop liability is grounded in negligence law, which means the victim has to show:
- The establishment owed a duty of care.
- The establishment breached that duty by serving an intoxicated or underage person.
- The overserving contributed to the crash.
- The victim suffered damages such as medical bills, lost income, and pain and suffering.
There is also a specific Massachusetts statute, G.L. c. 231, s. 60J adds procedural requirements to dram shop cases, including an affidavit within 90 days that establishes a legitimate basis for the claim.
What counts as “visibly intoxicated”
Servers and bartenders are expected to watch for signs such as:
- Slurred speech
- Stumbling or trouble standing
- Red or glassy eyes
- Loud, aggressive, or unpredictable behavior
- Dropping items or knocking things over
When these signs are present, continuing to serve alcohol may be negligence.
Real-world example: a holiday dinner gone wrong
Imagine a group of coworkers meeting at a Back Bay restaurant for a pre-Thanksgiving celebration. One employee spends several hours at the bar. Other guests notice he is slurring his words and unsteady, yet the bartender continues to pour drinks.
Later that evening, the same employee gets behind the wheel and rear-ends a family driving home on Storrow Drive. The injured family may have a claim not just against the drunk driver, but also against the restaurant that overserved him.
This type of claim is necessary because businesses typically carry liquor liability insurance, which can provide additional funds to cover serious injuries.
Social Host Duty at Boston Holiday Parties
Dram shop law applies to licensed businesses. Social host liability, on the other hand, involves private individuals who serve alcohol at home or at a rented venue. Massachusetts recognizes social host liability in both case law and public education materials from state agencies.
In simple terms, a social host may be held liable if:
- They provide alcohol to a guest under 21, or
- They know or should know a guest is intoxicated, yet continue to provide or allow that guest access to alcohol, and
- That guest then injures someone, often in a drunk driving crash.
It is not necessary for the host to personally hand the drink to the guest. Allowing underage or obviously drunk guests to drink freely at a party can be enough.
Social host example, a Friendsgiving in South Boston
A couple hosts a Friendsgiving in their South Boston apartment. One guest arrives already buzzed from another event. During the party, he stumbles, makes crude jokes, and drops his drink, evident signs of intoxication. The hosts keep refilling his cup and never suggest alternative transportation.
After leaving the party, the guest runs a red light and strikes a cyclist. The injured cyclist may have a legal claim against the social hosts who allowed him to keep drinking while clearly intoxicated, in addition to a claim against the driver himself.
Underage drinking and parental responsibility
Massachusetts law is especially strict about underage drinking. It is against the law to serve or allow underage guests to consume alcohol in your home, and you can be sued if a teen who drank at your house harms someone else.
This can arise when parents “look the other way” at a holiday party where high school or college students are present, or when adults leave teens unsupervised in a home with accessible alcohol.
What DUI Victims Should Do After a Holiday Party Crash
If you are hurt by a drunk driver around Thanksgiving or at any time, taking the proper steps can make a significant difference in your recovery and in your future claim.
- Call 911 immediately. Get emergency medical help and ensure the police respond. The police report and breath or blood test results can be robust evidence.
- Seek medical care, even if you feel “ok”. Adrenaline can mask pain. See a doctor as soon as possible to document injuries from the start.
- Document the scene. If you can, or if a passenger can take photos or video of the vehicle positions, skid marks, debris, and any visible injuries.
- Tell officers everything you know. Let the investigating officer know if the driver mentioned being at a bar, restaurant, or party. Details about where the driver had been drinking can help your attorney identify dram shop or social host claims.
- Keep records. Save medical bills, pharmacy receipts, repair estimates, and proof of missed work. Write down pain levels, sleep issues, and other day-to-day effects of your injuries.
- Avoid speaking to the other driver’s insurance company alone. Adjusters are trained to minimize payouts. Politely decline to provide a recorded statement until you talk with a lawyer.
When To Call a Boston Drunk Driving Injury Lawyer
Drunk driving crashes are rarely simple fender benders. They often involve serious injuries, multiple insurance policies, and complex questions about who is responsible. You should talk with a Boston drunk driving lawyer as soon as possible if:
- You suffered significant injuries or needed hospital care.
- A loved one was killed or catastrophically injured.
- You suspect the drunk driver was overserved at a bar, restaurant, or holiday party.
- The insurance company is blaming you or pressuring you to settle quickly.
- You are unsure how your medical bills will be paid.
Dram shop and social host cases require prompt investigation. Video footage from security or doorbell cameras can be erased, witnesses’ memories can fade, and essential deadlines can apply. The affidavit requirement in Massachusetts dram shop cases is one more reason to involve an experienced attorney early.
How Jeffrey Glassman Injury Lawyers Helps DUI Victims
When you hire Jeffrey Glassman Injury Lawyers after a drunk driving crash, you get a team that understands the stakes and knows Boston and Massachusetts law. Here is how an attorney can help you and your family.
Thorough investigation
- Identify where the drunk driver was drinking before the crash.
- Obtain bar receipts, credit card records, and surveillance video.
- Interview witnesses who saw the driver being served while intoxicated.
- Work with accident reconstruction experts and toxicology experts to link overserving to the crash.
Building a strong legal claim
Your lawyer will analyze whether there are claims against the driver, a dram shop defendant, a social host, or all three. They will gather medical records, employment records, and expert opinions to prove the full extent of your damages, including:
- Emergency and ongoing medical care
- Rehabilitation and future medical needs
- Lost wages and reduced earning capacity
- Pain, suffering, and loss of enjoyment of life
- Scarring, disfigurement, and permanent disability
- Wrongful death damages for surviving family members
Dealing with insurance companies
In many holiday party crash cases, multiple insurance policies may apply, including auto policies, liquor liability coverage, and homeowners’ insurance. Your attorney will:
- Identify all available policies
- Handle every communication and negotiation with insurers
- Protect you from unfair blame or pressure to accept a low settlement
- Take the case to trial if a fair resolution cannot be reached
No upfront fees
In most drunk driving injury cases, Jeffrey Glassman Injury Lawyers represents clients on a contingency fee basis. That means you pay no attorney fees unless the firm recovers money for you. The goal is to let you focus on healing while your legal team focuses on results.
Before Thanksgiving, Know Your Rights, And If You Are Hurt, Get Help
Holiday parties in Boston should create good memories, not lifelong injuries. When a drunk driver turns your celebration into a tragedy, you deserve answers and accountability from everyone who contributed to that danger, including careless bars, restaurants, or social hosts.
If you or a loved one has been injured in a drunk driving crash related to a holiday gathering, contact Jeffrey Glassman Injury Lawyers for a free, confidential consultation with a Boston drunk driving injury lawyer. You can speak with an attorney about dram shop liability, social host responsibility, and your options for moving forward.
Call Jeffrey Glassman Injury Lawyers or reach out online today to learn your rights, protect your family, and take the first step toward recovery.