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If my Son or Daughter's friends consume alcohol at my house am I as a Parent liable if they have an accident?

Antonio Cervantes

2 min read

Jan 10

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Introduction: This memo addresses the potential liability of a parent when minors consume alcohol at their residence and subsequently cause an accident. The analysis focuses on three main issues: the liability of a parent for injuries caused by intoxicated minors, the liability of a parent who does not serve alcohol to minors, and the liability of a parent for not supervising minors.


Statement of Facts: The client's 15-year-old son invited his high school friends, who are also minors, to the client's house. The minors consumed alcohol, and one of them was involved in an automobile accident.


Legal Standards/Rules: In California, adults can be held liable for injuries caused by intoxicated minors if they knowingly furnish alcoholic beverages to the minor. § 19.13 Liability of Social Host for Furnishing Alcohol. However, the law specifically targets those who knowingly furnish alcohol to minors, and generally, a parent who does not serve alcohol to minors would not be held liable. § 19.13 Liability of Social Host for Furnishing Alcohol. Furthermore, a parent has a duty to exercise reasonable care to control their minor children to prevent them from causing harm to others. § 380.32 Affirmative Duty to Protect, Warn, or Aid Others.


Analysis: The client could potentially be held liable if it is established that they knowingly furnished alcohol to the minors. However, if the client did not serve alcohol to the minors, they generally would not be held liable. § 19.13 Liability of Social Host for Furnishing Alcohol. This is supported by the case of Allen v. Liberman, where the court held that hosts who do not directly furnish but do not stop others from drinking alcohol they make available are immune from liability. Musgrove v. Silver.


However, the client's liability may also depend on whether they exercised reasonable care in supervising the minors. If the client knew or had reason to know that they had control over the minors and knew or had reason to know of the necessity and opportunity for exercising control, they may be held liable if they failed to exercise such control. § 380.32 Affirmative Duty to Protect, Warn, or Aid Others.


Conclusion: In conclusion, the client's liability depends on whether they knowingly furnished alcohol to the minors and whether they exercised reasonable care in supervising the minors. If the client did not serve alcohol to the minors and exercised reasonable care in supervising them, they would likely not be held liable.


*This article does not constitute legal advice nor does it form an attorney-client relationship. It is important that you consult with an attorney about your case.

Antonio Cervantes

2 min read

Jan 10

0

0

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