Posts Tagged ‘alcohol’

Jeff and Joe were all dressed up for Halloween and stopped in at their friend Marty’s house for a party. Jeff and Joe were both 18 years old. Marty’s parents were home and the boys, at their request, were served three or four beers over a one and one half hour period. Then the boys decided to leave and go to another party with Jeff driving the car. Jeff only felt he had a “buzz” but was not drunk. Unfortunately Jeff ran a red light and was hit broadside. Both boys suffered severe injuries. Both boys also had alcohol levels more than twice the legal limit even if they had been over 21 years old.

ISSUE: Who is liable?

ANSWER: Marty’s parents, who served alcohol to minors, would be liable both civilly and criminally for the injuries to both boys. If the boys were adults, 21 years of age or older, than there would have been no liability on the part of the parents. Joe can also bring an action against Jeff since Jeff was the driver. Jeff’s attorney will counter that Joe should not have accepted a ride with an individual that may have appeared to be visibly intoxicated and was thus comparatively negligent for his own injuries.

The main lesson though is that parents that serve alcohol will be liable for the results if an accident does occur.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

The Holiday Season is a joyous time to celebrate with family and to reconnect with old friends.  Many times, as hosts, we greet our friends and family with rich foods, beer and wine.  Make sure that you remain conscious and observant at your holiday festivities regarding the amount of alcohol that your guests are consuming.  Here are a few tips to make you a better host:

1. Always serve food at your celebrations instead of just alcohol;
2. Have an adult pour your guests= drinks so that someone is observing the appearance and actions of your friends
3. Use smaller glasses to serve alcoholic drinks;
4. Remind your guests that Pennsylvania=s level of intoxication is now .08.
5. Stop serving alcohol an hour or two prior to the ending of the celebration.

By following the above recommendations you may very well avert your family and friends from confronting a DUI investigation or even worse, an accident.

When it comes to minors drinking at your holiday celebrations, you must be even more cognizant of their actions and the law.  In Congini v. Portersville Valve Co., 504 Pa. 157, 470 A.2d 515, the Pennsylvania Supreme Court held that a Social Host could be liable for the injuries sustained by others on account of a minor consuming alcohol at a social event.  The court reconfirmed the public policy that minors are incompetent to handle alcohol.  There is an affirmative duty upon adults not to serve minors alcohol at social functions.

So, enjoy this blessed holiday season but know the law as it pertains to you, your guests and alcohol.

Respectfully Submitted,

Brian G. Price, Esquire