THE California State Legislature approved a new law that might be of interest to motorists, parents or guardians and their teenage drivers. It took effect on January 1, 2011.
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 legally 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.
Before 2011, 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 as a result of consumption of those beverages. However, grave concerns have risen in recent years about the sometimes fatal consequences of underage drinking. According to the National Institutes of Health, underage alcohol use actually kills more young people than all illegal drugs combined. Alcohol is the leading cause of death for people under the age of twenty-one. Every year, about 5,000 young people under the age of twenty-one die from causes related to underage drinking.
Despite California’s laws prohibiting the supply of alcohol to minors, many wonder how minors obtain access to alcohol. Shockingly, a survey by the American Medical Association (AMA) revealed that about 30% of teens who had access to alcohol said it was easy to get them from their own consenting parents. About 50% of the teens said it was easy to get alcohol from a friend’s parents. In fact, one in four teens has attended a party where minors were drinking directly in the presence of parents.
The new law is thus designed to save young lives by deterring irresponsible adults who knowingly provide minors with alcohol in their homes. The new law hopes to avert such tragedies as one that happened to Shelby Allen, a 17-year-old high school student, who was found dead on a bathroom floor at a friend’s home.
In December 2008, Shelby Allen stayed overnight at a friend’s house for a social gathering with other teenagers. After a bout of intense drinking with two of her friends, Shelby became violently ill and lapsed into a semiconscious state during the night. Her friend’s parents slept upstairs while the teens drank. When Shelby was discovered the next morning, she had died of acute alcohol poisoning.
Shelby’s parents considered using the California civil courts to find justice for their daughter but were shocked to discover, that unlike most other states, 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. The passage of this new law is aimed to change this.
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.
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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 followaing 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.
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