IT’S THAT time of year again when parties abound. And what’s a good party without a few glasses of wine, beer or liquor? Of course, drinking and driving present obvious dangers, ones we’ve already been warned about. However, another caution should be added regarding the often overlooked dangers of providing alcoholic drinks to young guests. They are those under the age of 21 years.
It used to be that a social host who served alcoholic beverages to any person regardless of age could not be held legally accountable for injuries and property damage suffered by that person or others. However, a new law took effect this year which parents or guardians with teenage drivers should pay particular attention to.
The new law states that if a social host 21 years of age or older knowingly gives alcoholic beverages to someone under 21 years of age, the social host may be held liable if that young person is injured or dies. The social host may also be held liable if other persons are injured or die, or if their property is damaged or destroyed, as a result of the underage person drinking the alcoholic beverage provided by the social host.
This new law was designed to save young lives by deterring irresponsible adults who knowingly provide minors with alcohol in their homes. As we previously discussed, the law came into being as a result of the death of Shelby Allen, a 17-year-old high school student, who was found dead on a bathroom floor at a friend’s home. She and her friends were drinking at home while her friend’s parents were asleep upstairs. Shelby became violently ill and lapsed into a semiconscious state during the night. In the morning, she was found dead of acute alcohol poisoning.
At that time of Shelby’s death, California’s then current law granted all social hosts complete and unqualified immunity from all legal responsibility, even in cases involving the deaths of minors. Not anymore. With this new law, social hosts now have to be very careful who they serve alcoholic drinks to.
The new law, however, does not automatically hold a parent, guardian or adult liable for the injuries or deaths to the minor or any third party. It is limited to social hosts who knowingly provide alcohol to minors. Therefore, all the elements of negligence still need to be proven – that an adult social host knowingly provided alcohol to the minor, and injuries or death resulted from this action.
Homeowners should know that their homeowner insurance policy may be affected. This means that if an adult social host was found to have negligently provided alcohol to a minor and as a result, the minor was injured or killed, or the minor injured or killed others, or damaged some property, the social host’s homeowner’s insurance will have to pay for all the resulting damage. This in turn may negatively impact the social host’s future premiums.
It might be Scrooge-like to card everyone at your party before you serve your Dom Perignon. But an ounce of prevention may save lives and make the Holidays safer for one and all.
* * *
C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayas law.com or contact his office by telephone at (818) 291-0088.
| < Prev | Next > |
|---|
