Hosting underage drinking party

[SgtScott31]

I wanted to post this in family matters to pass along some advice to adults and/or parents who have in mind hosting a party where alcohol is present and there is drinking.

The case that just came out of the TN Supreme Court (March 2005) was on an underage party where alcohol was present, but it could probaby be for any party.

I will try and find the link to the actual case, but here's the basic facts:

Adult Father hosted a party for his son. We'll call him Frank. Frank did not supply alcohol, but knew that alcohol would be brought to the party. He advised his son that if anyone plans on drinking at the party, that they MUST stay the night.

Alcohol was brought. Frank went to bed before everyone was asleep. Two teens left the party (w/o Frank's knowledge). I can't remember their names, but we'll just go with John & Jane. John was 17 or 18 yrs old. Jane was 16. They leave the house and both had been drinking. John flies through a stop sign and strikes a guardrail, critically injuring Jane. At the time of the accident, John's BAC was .17%. Jane's was .03%

Jane's parents sue John (the driver) and Frank (the homeowner) for the injuries that Jane had sustained. Negligence and negligence per se on both parties. This case was appealed all the way to the Tennessee Supreme Court, but the court affirmed the lower court's decisions.

Bottom line, they found John (the driver) 70% liable of Jane's injuries, Jane herself 15% liable, and Frank (the homeowner) 15% liable. Doesn't sound too bad for Frank does it? Think Again. The damages awarded to Jane amounted to just under $4 million dollars. Soooo, Frank (the cool parent/homeowner) owes Jane (and her parents) $450,000.

If you plan on having parties where alcohol is served, believe me, it is not worth the risk to let anyone drive. Take the keys when they come in the door, apply tire chocks. Do whatever is necessary. In the long run, it can (and will) catch up with you. ;)

[willowdared]

We had a very similar case a few years back in San Diego. The parents had a regular policy of letting their son and his friends drink at their house - thinking at least there they would be safe.

The boys needed some smokes, and got in a wreck - parents were sued, and lost.

People don't drink like they used to - getting drunk is cool these days - my generation made fun of people that couldn't hold their liquor! :(

[texaschickeee]

its really coming under the law of suing the bar that the drunk got drunk at.

and there is another liablity that is being addressed and sued to, the law of under age drinking.
in texas, a ked that is caught drinking under age acan lose his DL untill he is 21.
i think they can do that woth the poss. charges also.

parents understand that kids are going to drink. they just need to make sure that they are not allowing them out in public for anything afterwards.
and smoking under age is illegal also.

there was a story on dateline, and in courttv.com that was out of FLA.
the parents were sued due to the teen boys running a stop sign, kiling a another girl and maming another.

they were in a sports car also.

[TFlanary]

Personally I think that the kid who was drinking should be held 100 percent responsible, especially if their driver was drunk. They have a drinking age for a reason, if you don't wish to abide by it, that's your own wish, but it's your choice and yours alone.

If the parents had bought the alcohol, I'd then say its 25% their responsibility, because the kids DONT HAVE to drink it.

In my family, my parents let my brother drink all he wants, but after having a sip of alcohol he can't drive ANYWHERE. They also set the same rule for me, and I chose not to drink, period.

This day and age the government is taking the responsibility off of the minors and more on the parents, which IMO is absolutely stupid.

Take for example, I go over to a friends house, his parents are asleep, I drink my vodka that I bring, I leave, and drive with a BAC of .28, I hit the first minivan full of people I find, and then I kill a woman inside. The family sues me, and then the family that I just came from. Now, think about this, why would it be fair to actually sue the house I came from when they didn't supply the alcohol?

Same thing goes for bars, if you drink at a bar, it's your own ***, not the bars fault.

It's like suing a gun maker because someone killed your brother with their gun. Frivelous lawsuits should automatically be struck down.

[mcsexplorer]

Personally I think that the kid who was drinking should be held 100 percent responsible, especially if their driver was drunk. They have a drinking age for a reason, if you don't wish to abide by it, that's your own wish, but it's your choice and yours alone.

If the parents had bought the alcohol, I'd then say its 25% their responsibility, because the kids DONT HAVE to drink it.

In my family, my parents let my brother drink all he wants, but after having a sip of alcohol he can't drive ANYWHERE. They also set the same rule for me, and I chose not to drink, period.

This day and age the government is taking the responsibility off of the minors and more on the parents, which IMO is absolutely stupid.

Take for example, I go over to a friends house, his parents are asleep, I drink my vodka that I bring, I leave, and drive with a BAC of .28, I hit the first minivan full of people I find, and then I kill a woman inside. The family sues me, and then the family that I just came from. Now, think about this, why would it be fair to actually sue the house I came from when they didn't supply the alcohol?

Same thing goes for bars, if you drink at a bar, it's your own ***, not the bars fault.

It's like suing a gun maker because someone killed your brother with their gun. Frivelous lawsuits should automatically be struck down.




Agreed 100%

[t150vsuptpr]

If parents let their kids drink, even at home, they should be held responsable if that kid get's out on the road and hurts someone. If they are gouing to allow it under their roof, they have an obligation to stay up, awake, and monitor the party and keep it all there, off the roads.

Of course, I don't think anyone under 21 should be drinking anyway, just because it's common and just because so many parents are so desperate to be their kid's "pal" and not a real "parent" makes little difference to me. Once a kid hits 18, they are adult ... but they aren't mature ... mom and dad just are no longer legally responsable.

If they had spent more time being a "parent" when the kids were growing up through the formative years, teaching the right lessons, it wouldn't be an issue. When you abrogate your parenting role and chose to be a "pal" instead, they are doomed to a life of problems.

[toby101]

I have a relative that had 2 DUI's before he even turned 18. Now that is just sad. Was his parents responsible, YES. Is he responsible to drive I DON'T THINK SO. Should they take his car/license away. YES, will the kid listen in a small community where everyone knows everyone. ______???

[Contact]

The dopey parent is also responsible for condoning it and giving them a place to get drunk. If nobody condoned it, there would be no place for them to go.

However since he was negligent and DID condone it, he had a responsibility to ensure the safety of each attendee. He didn't even monitor the situation...he went to sleep. I have no doubt that this parent was under the impression that at least what went down, went down under his roof, and he took all the kids at their word that they wouldn't leave.

He had good intentions, but he had poor execution and it cost him, as it should have IMHO.

[nobody33]

What about janes parents for letting her go out and get drunk? Even if they didn't condone getting drunk, she is their responsibility.

[RabbitMPD]

If parents let their kids drink, even at home, they should be held responsable if that kid get's out on the road and hurts someone. If they are gouing to allow it under their roof, they have an obligation to stay up, awake, and monitor the party and keep it all there, off the roads.
I agree with this. If you are going to let your kid drink in your house then YOU need to be responsible. If that means staying up all night, then so be it. Also, if your kid has a friend over who will be drinking, the friends parents better know exactly what

[SgtScott31]

The dopey parent is also responsible for condoning it and giving them a place to get drunk. If nobody condoned it, there would be no place for them to go.

However since he was negligent and DID condone it, he had a responsibility to ensure the safety of each attendee. He didn't even monitor the situation...he went to sleep. I have no doubt that this parent was under the impression that at least what went down, went down under his roof, and he took all the kids at their word that they wouldn't leave.

He had good intentions, but he had poor execution and it cost him, as it should have IMHO.

Agreed


What about janes parents for letting her go out and get drunk? Even if they didn't condone getting drunk, she is their responsibility.

No one can be around their kid 24 hrs / day, 7 days / week. And no parent can lock their kids in the house either. It is the parent's responsibility to teach their children about alcohol, the dangers of drinking and driving, and how to be a responsible adult. Aside from that, what else can you do.

I don't have a problem with parent's hosting parties with alcohol, as long as the rules are strictly enforced in regards to staying at home. When I was in high school, I did drink, my friends drank, and I knew a ton of people that did. My parent's knew this. They would have much rather me be at home drinking, then out at someone's house or downtown.

[DeputySC]

I wouldnt host an underage party, but I would like to see someone actually get $450,000 out me on police salary. I know that is off topic.

[mainedawg]

I am a none drinker by choice and popular demand. Noone should host an under age party and allow kids to drink. They have enough things going on in thier heads without adding alcohol. The father made a bad choice and now will suffer the courts judgement. The outcome could have been worse ,a dead child, and then they would have to live with that.

[slopegrrrl]

Completely unrelated, but one of the questions that popped into my head (that will never be answered) was: I wonder why Jane (.03) let John (.17) drive the car?

[RabbitMPD]

Completely unrelated, but one of the questions that popped into my head (that will never be answered) was: I wonder why Jane (.03) let John (.17) drive the car?
Probably the same reason it always happens that way.

Jane: "Hey John, are you sure you're OK to drive?"
John: "Oh yeah I'm fine. Don't worry about it."
Jane: "Well alright then."

*BOOM!*

[SgtScott31]

I am a none drinker by choice and popular demand. Noone should host an under age party and allow kids to drink. They have enough things going on in thier heads without adding alcohol. The father made a bad choice and now will suffer the courts judgement. The outcome could have been worse ,a dead child, and then they would have to live with that.

Have to disagree. If you found out that your high-school aged kids were drinking, what would you do? Lock em in the basement on the weekends?

It's not your choice when your child decides to drink alcohol, but it is your responsibility to let them know about the dangers of alcohol and the dangers of drinking and driving. As stated in my previous post, you can't be around them 24 hrs a day, but you can try to teach them, that if they decide to drink, be responsible. It is all about responsibility. My mother is from the UK, and alcohol is not near as stigmatized in England. Children are taught at an early age about alcohol and wine is commonly served at dinner. The drinking age is younger, but you don't see a bunch of alcoholic teens running around killing each other in England either.

[nitromt]

Bottom line, they found John (the driver) 70% liable of Jane's injuries, Jane herself 15% liable, and Frank (the homeowner) 15% liable. Doesn't sound too bad for Frank does it? Think Again. The damages awarded to Jane amounted to just under $4 million dollars. Soooo, Frank (the cool parent/homeowner) owes Jane (and her parents) $450,000.

John probably needs to move out of the country soon.

[Contact]

John probably needs to move out of the country soon.

Why? He's just another drunk that walked away while someone else got hurt. Happens all the time. :rolleyes:

[texaschickeee]

Completely unrelated, but one of the questions that popped into my head (that will never be answered) was: I wonder why Jane (.03) let John (.17) drive the car?


Alcohol affects people differantly in differant levels. and just becasue she had a lower lever she could have been more impaired, therefore he took the wheel thinking that he was fine.

Texas law states that you can consume 1 drink per hour and be legally in the limit.
Last night I watched a guy and a girl drink 3 ritas each and both got into the car, he walked and talked fine, and drove. You could tell that she was blazed and had to get into the car....slowly.
both had the same amount and both had food.
both were legally drunk also.

[Redders]

IMO it's assinine for law enforcement professionals to even sit here and discuss hosting an under age drinking party at their home, or to even discuss the fact that responsible adults should do it at their home. In most jurisdications it's illegal to contribute to the delinquency of a minor. I've written plenty of summons to 21 year olds who had passengers in the car who were under 21 and hammered. If I went to a minor party where there were parents in charge all the kids would get a summons for minor in possession, and the parents would get arrested for Contributing and charged with one count for each kid there.

:D Life long career goal to take some responible parents to jail for 50 counts of Contributing to the Delinquency of a Minor.

[nitromt]

My advice is that if you want to host a party with underage people, you better have diplomatic immunity first. Then nothing can stop you!

[toby101]

My advice is that if you want to host a party with underage people, you better have diplomatic immunity first. Then nothing can stop you!


Or get insurance on the party, then you are saved.


I am only kidding on this.

[SgtScott31]

IMO it's assinine for law enforcement professionals to even sit here and discuss hosting an under age drinking party at their home, or to even discuss the fact that responsible adults should do it at their home. In most jurisdications it's illegal to contribute to the delinquency of a minor. I've written plenty of summons to 21 year olds who had passengers in the car who were under 21 and hammered. If I went to a minor party where there were parents in charge all the kids would get a summons for minor in possession, and the parents would get arrested for Contributing and charged with one count for each kid there.

:D Life long career goal to take some responible parents to jail for 50 counts of Contributing to the Delinquency of a Minor.

I'm not condoning that adults host underage drinking parties, but I am stating that most teens are going to drink (or get drunk) at one point as a teenager or under 21 yrs old. What is the better of the two? Drinking at their own home or out at a party where they're liable to get behind the wheel?

[Contact]

IMO it's assinine for law enforcement professionals to even sit here and discuss hosting an under age drinking party at their home, or to even discuss the fact that responsible adults should do it at their home. In most jurisdications it's illegal to contribute to the delinquency of a minor. I've written plenty of summons to 21 year olds who had passengers in the car who were under 21 and hammered. If I went to a minor party where there were parents in charge all the kids would get a summons for minor in possession, and the parents would get arrested for Contributing and charged with one count for each kid there.

:D Life long career goal to take some responible parents to jail for 50 counts of Contributing to the Delinquency of a Minor.


That is not what they(we) were taking about at all.

They are talking about their kids drinking in their house under their supervision. Hosting a party for your kid and all their friends is something totally different.

[SgtScott31]

IMO it's assinine for law enforcement professionals to even sit here and discuss hosting an under age drinking party at their home, or to even discuss the fact that responsible adults should do it at their home. In most jurisdications it's illegal to contribute to the delinquency of a minor. I've written plenty of summons to 21 year olds who had passengers in the car who were under 21 and hammered. If I went to a minor party where there were parents in charge all the kids would get a summons for minor in possession, and the parents would get arrested for Contributing and charged with one count for each kid there.

:D Life long career goal to take some responible parents to jail for 50 counts of Contributing to the Delinquency of a Minor.

Ok, how about just the parents and their children at home with their children (only) drinking?