Host Safely

Posted on December 9, 2010 by Richard Schnoll, Esq.

The Holidays are upon us once again, and with the season come invitations to parties, dinners, cocktail hours and other events to celebrate it.  You may even be planning to host your own holiday gathering.  If you are hosting an event this holiday season and plan to serve alcohol, please keep the following in mind.    

Under New Jersey law, a host can be held liable for personal injury or property damage resulting from the negligent provision of alcoholic beverages in some circumstances.  To recover against a social host, an injured person must prove three things: (1) that the host served alcohol to a person who physically manifested signs of being intoxicated; (2) that the host served the intoxicated person while ignoring some foreseeable harm that could result from serving the intoxicated person; and (3) that the injury was the result of the intoxicated person’s operation of a motor vehicle.  N.J.S.A. 2A:15-5.6.    

It is important to note that the social host liability set forth above applies only to third-persons and minors.  That is to say, a social host is not liable for the injuries the guest might sustain as a result of consuming alcoholic beverages provided by the host, so long as the guest is of the legal drinking age.  N.J.S.A. 2A:15-5.7. 

This holiday season, host safely!  Serve alcohol to your guests in a responsible manner; never serve alcohol to underage people; and encourage your guests to party with a designated driver.      

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Prom Season - Parents Beware

Posted on May 29, 2009 by Richard Schnoll, Esq.

Another prom season is here.  For parents, as well as their children, proms and other school celebrations pose potentially significant legal problems both civilly and criminally.  The NJ Code of Criminal Justice section 2C:33-17(a) provides that "anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person"  For those of you unaware, the legal drinking age in NJ is 21.  Disorderly persons offenses are punishable by up to 6 months in jail and/or a fine of $1,000.

The law is not limited to those over the age of 21.  For example, if your adult child is under age 21 and serves alcohol in your house to his/her friends under age 21, he /she can be convicted under the statute.  Additionally, another section of the same law makes it a disorderly person offense to permit your house or office to be used as a location where alcohol will be served or made available to underage drinkers.

In 2006, a NJ couple were convicted under this statute for hosting a prom party for their daughter, knowing that alcoholic beverages would be available to persons under 21.  Their defense that they preferred to have the kids drink at their house rather than outside fell on deaf ears.

Lastly, parents should be aware that they face potentially large civil liability to third parties as social hosts if they provide alcoholic beverages to a visibly intoxicated underage drinker who then causes injuries to others through the use of a motor vehicle.  In fact, recent court decisions have held that parents and other social hosts can be liable to the underage drinker himself for injuries he sustains in a motor vehicle accident caused by the intoxiaction.

The substance of this post is adapted from an article I wrote that was published in The Community News on February 28, 2007.

 

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