Providing Alcohol to Minors in Your Home
Legal Liability for Parents and Homeowners
It is not uncommon for parents to knowingly allow minors to drink alcohol in their homes. The justification for this is often stated as, “I’d rather have my kids and their friends drink at my house where I can keep an eye on what’s going on.” Some parents try to “protect” the drinking teens by holding the car keys until the next morning. This does not always keep them or others safe if they leave while still under the influence.
California Law States in code:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=25658.
(a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor.
(c) Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under 21 years of age, and the person under 21 years of age thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to themselves or any other person, is guilty of a misdemeanor.
What does this law mean to you?
It means that if you knowingly serve or furnish any person under the age of 21 with alcohol at your home, you can be held financially responsible for any injuries or other damages the under-age drinker may cause while under the influence. For example, if the under-age drinker leaves your home and injures or kills someone while driving, you can be held financially responsible in a court of law. Death, serious injury and property damage resulting from car accidents may be the most likely situation, but there could also be financial responsibility arising out of under-age drinking in other situations, such as injuries from physical altercations, property damage from vandalism or physical or emotional injuries from unwanted or inappropriate sexual activity.
What can you do to avoid responsibility under this amended law?
Do not furnish or otherwise make alcohol available in your home to persons under the age of 21.
And to be safe, if you keep alcohol in your home, you should consider preventing access in some way so there is never any doubt that you have taken reasonable steps to prevent access to alcohol by persons under 21.
