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Saturday, July 19, 2008   


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Social Host Liability:  The Anti-Cool Parent Statute

car keys alcohol

"Kids are gonna' drink anyway.  I would rather they do it at my house where it's safe."

Is that your philosophy?  Think twice, or maybe a third time if needed.  A free pass for teens to get drunk at your house may sound like a good idea to you, but consider your actions.

Parents - with prom season upon us and graduation right behind, this is not a good time to look the other way and encourage teens to break the law.  Heck, you'll be the one breaking the law and you'll be the one paying the biggest price. 

Parents Who Host Lose the Most .  The facts are:

  • Parents/Adults who give, provide, or allow alcohol to minors under any circumstances, even in your own home, may be breaking the law.
  • Parents/Adults who knowingly allow a person under 21 to remain in their home or on their property while consuming or possessing alcoholic beverages may be prosecuted and everything associated with such a violation may be confiscated, including your personal property.
  • Parents/Adults can be sued if they give alcohol to anyone under 21 and they in turn hurt someone, hurt themselves or damage property 

South Carolina’s Supreme Court reaffirmed a 2005 ruling that adults can face civil lawsuits for knowingly giving alcohol to underage drinkers who harm themselves or others.  Currently a bill is in the South Carolina House of Representatives (PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007) that will lay out the criminal penalties for providing alcohol to minors.

Another consideration in providing alcohol to teens or allowing them an opportunity to consume in your home...many homeowners' insurance policies are denying coverage for incidents that cause harm to third parties and have arisen out of your permissiveness and willingness to allow a law to be broken in your home.  Some homeowners and business policies may not apply to an insured who, as a “social host,” knowingly furnishes intoxicating liquor to a minor if the “social host” knew, or a reasonable person in the same circumstances would have known, that the person who received the intoxicating liquor was a minor. This can put the adult's assets in tremendous jeopardy.  Exclusions may or may not otherwise limit coverage for which an insured is legally liable, including losses caused by the negligence of an insured. Check with your insurance agent.

 

 

 

  


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E. Vernon F. Glenn
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The Law Offices of
E. Vernon F. Glenn

211 Scott Street
Mount Pleasant, SC 29464
T: 843-971-1999
F: 843-971-0194
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