Thinking of Chaperoning a Graduation Party or Beach Trip to Allow "Safe Under-Age Drinking?" - Consider Your Liability
Back in the day parents could potentially host a "safe" party for their seniors, collecting keys and monitoring alcohol use, with at most risking the chance of the party being shut-down by the police. Present day - laws have changed and this is no longer a viable option. If an underage kid drinks at your house under your supervision or knowledge, you may find yourself facing criminal charges. If an underage kid gets involved in a serious accident you may be liable for millions of dollars in damages. So if you have been thinking of hosting a party at your home or river house - do not do it!
What are the rules? You can serve alcohol to your own child in a private residence if you are present and may not serve it to the point of intoxication. Other minors may drink in your private residence only if their parents are also present. Permission from parents who are not there means nothing. You will be criminally responsible for their consumption of alcohol and civilly responsible for property damage or personal injury they may cause.
It also does not suffice to look the other way and allow underage drinking without your supervision. If you believe or "have reason to believe" that underage drinking is occurring in your residence - you can be held responsible.
Are you banking on a nice umbrella policy with your home owner's insurance which will cover any incidents? Not so fast. Many policies specifically exclude such situations and provide no coverage and those policies that don't have such exclusions have successfully argued that incidents stemming from homeowners allowing underage drinking are not "accidents" within the meaning of the policy and do not have to provide coverage. So if an underage kid leaves your house after drinking and seriously injures himself or another, you could find yourself losing your house or stock account.
Counsel your kids on the dangers and ramifications of underage drinking, let your kids know you will always be there to pick them up from bad situation, but please do not act as host for these events.
Melissa Taylor is an attorney with Taylor, Taylor & Taylor, Inc. a general practice firm located in the Twin Hickory office park at 11213 Nuckols Rd. Suite E. Call 804-266-9619 and mention Macaroni Kid for a $50 discount off and fixed fee or time-based fee.
