Parents who knowingly serve alcohol to minors may now face more than criminal charges if the minor is injured or killed.
Governor Schwarzenegger recently signed the bill known as Teen Alcohol Safety Act of 2010 into law. The law will allow "social hosts" to be held civilly liable for injuries caused by and after knowingly serving alcohol to minors. Prior to Gov. Schwarzenegger's signature on the bill, California was one of only three states that barred civil penalties for supplying alcohol to minors.
The law, which will not impose added liability on commercial or licensed vendors of alcohol, will apply to an "adult who knowingly furnishes alcoholic beverages at his or her residence to a person under 21 years of age." However, for liability to be imposed, negligence will need to be established - that the adult breached their duty of care and that alcohol was the main factor contributing to the injury suffered by or the death of the minor.
"We hope that by strengthening the legal consequences, adults will think twice before providing alcohol to teens," stated Christopher B. Dolan, president of the Consumer Attorneys of California.
While the bill received popular support in Sacramento, there was one dissenting vote in the California Assembly, Chris Norby (R-Fullerton). Norby feels that the liability should be with the teens, specifically 18- to 20-year-olds, and not the adults. Norby stated, "We try 16-year-olds as adults, so we can certainly hold 20-year-olds responsible for their actions."
If a minor family member is injured or killed after being served alcohol by another adult, it is important to discuss the situation and California's social host law with an experienced attorney.
