Social Host Law Hold Adults Liable for Teen Drinking
Massachusetts social host liability law holds adults liable for the actions of teens, when adults provide alcohol.
March 01, 2012
In 1996, following a graduation party in Massachusetts, an 18-year old boy was involved in a fatal car accident after the car he was driving slammed into a telephone pole. At the time of the accident, the boy's blood alcohol content (BAC) was twice the legal limit for adults of .08.An adult hosted the graduation party, though the adult did not provide the alcohol directly to the minor. And because he did not directly provide the alcohol, the host was acquitted of any wrongdoing.
While it was a tragedy, the teenager's death and the subsequent acquittal of the party host had a silver lining: in 2000, it resulted in the Massachusetts Social Host Responsibility Law. The social host law now allows the police to charge an adult with a crime if a minor, who is not the adult's child, drinks alcohol on the adult's property -- even if the adult did not provide the alcohol to the minor.
A charge under the social host law is considered a misdemeanor, which is punishable with a $2,000 fine and up to a year in jail.
Beyond criminal penalties, an adult can also face a civil lawsuit for providing alcohol to a minor. Hopefully, by inflicting harsh penalties on the adults who allow underage drinking or simply look the other way, the law can have a positive effect in curbing underage drinking here in Massachusetts.
The law is not only a scare tactic for adults though; it has real life-saving value. Motor vehicle accidents are the leading cause of death among teenagers, and young people are involved in more alcohol related accidents than any other age group. Kids and alcohol are a lethal mix, and the Social Host Responsibility Law, through penalties and jail sentences given to adults, may help prevent the most tragic event of all: the loss of a child's life.
Speak with an experienced personal injury attorney if you have been involved in an accident involving a drunk teenage driver. Under Massachusetts' social host law, you may be entitled to damages from the adult that served the alcohol or hosted the party where the alcohol was served.
Article provided by Law Offices of Michael M Kaplan PC
Visit us at www.kaplanslaw.com