California Civil Code § 1714 holds that everyone is responsible for injuries caused by their willful acts or negligence, including in designing, distributing, or marketing firearms and ammunition.
Intoxicated people are solely responsible for any harm they cause while under the influence. However, adults who give underage people alcohol in their homes can be held liable in a personal injury case if someone consequently gets hurt or killed.
The full text of the statute reads as follows:
1714 CC. (a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.
(b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.
(c) Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.
(d)
(1) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.
(2) A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age.
Legal Analysis
Under California Civil Code 1714 CC, every person is legally responsible for the results of both their intentional actions as well as their negligent ones. Even if a person does not mean to injure someone or something, the person can be held legally responsible if their willful, reckless, or negligent actions caused the harm.
CC 1714 also states people who give alcohol to adults are not responsible for any harm those adults cause while intoxicated. Therefore, restaurants and bartenders are not to blame if their customers end up causing a car crash. Only the customers would be held responsible.
However, if an adult knowingly gives alcohol to a person under 21 years old in their home – and that young person injures or kills someone while under the influence – then the adult can be legally liable.1
California bars are not liable if their customers cause a DUI with injury or death.
Frequently-Asked-Questions
Does California Civil Code 1714 CC apply to property damage as well as personal injury?
Yes, everyone is responsible for personal injuries or property damage caused by their intentional acts or negligence.
Are there exceptions to liability under this statute?
There can be, such as for emergency assistance rendered during an emergency.
Can a property owner be liable for injuries to trespassers?
Generally no unless the property owner acted willfully or maliciously.
Are social hosts liable for serving alcohol to guests?
No, social hosts who furnish alcohol to adults are not responsible for damages they cause while under the influence. However, 1714 CC does not protect hosts from civil liability if they served people under 21.
What if the victims were partially at fault?
Personal injury or property damage victims can still sue the wrongdoers for damages even if they were partly to blame. Their payout would just be reduced in proportion to their degree of fault.
Legal References
- California Civil Code 1714 CC – Responsibility for willful acts or negligence; Proximate cause of injuries resulting from furnishing alcohol to intoxicated person; Liability of social host; Provision of alcoholic beverages to persons under 21 years of age. See, for example: Mayes v. La Sierra University (Cal. App. 4th Dist., 2022), 288 Cal. Rptr. 3d 693; Sheen v. Wells Fargo Bank, N.A. (Cal., 2022), 12 Cal. 5th 905.