Avera Law Firm

The Avera Law Firm Blog is designed to update clients, vendors, and other interested persons regarding law firm news, personnel, legal issues, and legislative issues. The firm management welcomes posts and questions to the blog as an interactive means to provide information to the public.

Saturday, January 26, 2008

Adult liability for serving minors: What you must know!

Every year, the lawyers at Avera & Smith are called regarding accidents, injuries, or fights that stem from minors consuming alcohol. Often, that alcohol is consumed at the home of one of the minors with the knowledge and consent of his or her parents. Good idea to supervise the consumption of alcohol by kids? For a variety of reasons, probably not. But let's look at one reason and explain how you could be legally liable for a tragedy caused by a minor drinking alcohol at your home.

In 1988, the Florida Legislature created Section 856.015 of the Florida Statutes; commonly called the "House Party" statute. The statute sets forth, in part:

"No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug."

This statute is a 2nd degree misdemeanor. A minor is defined in the statute as anyone not permitted to possess or consume alcohol. So, for the purposes of this statute, anyone under the age of 21 is a minor.

Just as importantly, this statute will create a civil cause of action in the event that damages are caused by violation of the statute. One of the easiest examples to foresee would be a minor served at an open house party in violation of the statute. The minor leaves the party, causes a crash, and injures or kills someone. In Florida, the person in control of the home where the party took place and who was in violation of this statute, would be legally responsible for the damages caused in the motor vehicle crash.

Having all of your child's friends over on prom night or any other night so they have someplace safe to have a good time is always a good idea. But serving alcohol can create a myriad of problems; not the least of which is criminal or civil liability when someone makes an error in judgment.

Be safe and Be well....

posted by Mark Avera at 1/26/2008 08:20:00 AM

0 Comments:

Post a Comment

<< Home