Adults who knowingly supply beer to
underage drinkers need to wise up in light of a new approach on the part
of the state Supreme Court.
The court recently made it clear that adults can be held liable for
damages caused after they serve alcohol to minors at parties. The court
stated that imposing liability on "social hosts" encourages a more
responsible effort on the part of hosts to police who is being served
alcohol at their parties.
State law makes it illegal to serve alcohol to people younger than
21. Past decisions by the court have held that adults acting as hosts
were not necessarily responsible for deaths or injuries resulting from
serving alcohol to other adults.
That, we think, continues to be a sensible approach. While hosts
should make every effort to keep guests from drinking too much and,
especially, from driving after they have had too much to drink, they
should not be held liable in most cases for another adult's actions.
But the issue is different where underage drinkers are concerned.
First, adults are committing a crime when they serve alcohol to those
under 21 -- and that includes the 21-year-old who supplies alcohol to
his 20-year-old friend. Second, the court has determined that people
younger than 21 "are incompetent by reason of their youth and
inexperience to deal responsibly with the effects of alcohol." That
means that while an intoxicated 18-year-old might not be competent,
those who knowingly served him the alcohol can be held responsible for
injuries or deaths caused by that 18-year-old because they are capable
of recognizing the hazards.
And while some might disagree with the court's age-of-competency
assessment, it's the law. In practical terms, adults have to consider
the potential for huge economic liabilities if they serve underage
people alcohol and an accident ensues.
The court ruled recently on one case involving a 19-year-old man who
had been drinking at a company Christmas party and died in a head-on
crash with another car, whose driver also was killed. The court upheld a
$750,000 verdict for the victim's family against the company where the
drinks were served.
This could have a profound effect on how adults conduct events such
as graduation parties and barbecues. It is common for hosts to turn a
blind eye if teenagers have a drink or two at these get-togethers. But
adults now need to carefully consider the possible consequences of doing
that.
The essential question to ask yourself: Is it worth the risk?
