The holidays are a time to gather with friends and family and celebrate the season, but you also need to make sure that you celebrate responsibly. If you have children under the age of 21, it’s also very important that you understand social host liability laws, because you could be held liable if your inebriated teen causes trouble. In today’s blog, we take a closer look at social host liability laws in Minnesota.
Social Host Liability Laws
Social host liability laws essentially hold the party host responsible for the actions of their inebriated guests who are not yet old enough to drink. If you provide alcohol to your children, or you know that alcohol consumption is happening on your property, and one of the underage individuals drives home and gets in an accident, you can be held liable. You don’t even need to provide the alcohol for them for you to be in violation of the law. If you know or have reason to believe that drinking is occurring, even if you didn’t personally supply them with alcohol, you can be held socially liable.
One of the arguments we hear from parents and guardians all the time is that “If my teen is going to drink, I’d rather it happen in my house where I can at least keep an eye on them.” Trust us, we understand this sentiment, we’re parents too. However, that’s not going to hold up in the court of law. You can take their keys and make sure they stay home, but you’re also accountable for every person who is on your property, so if a friend of theirs comes over, gets drunk and causes an accident after they leave, you’re still on the hook even though it wasn’t your kid who caused the accident. You provided the haven at which they could illegally drink, and therefore you can be held liable.
Before we go any further, we just want to point out that this only applies to underage individuals. If you’re hosting a holiday party with friends or family and one of your of-age guests gets drunk, drives home and causes an accident, you’re not on the hook. Adults over the age of 21 are held liable for their own actions, but hosts are held liable for actions of any of their guests under the age of 21.
Don’t Ask, Don’t Tell Won’t Fly
Another important aspect of the law is your knowledge of the consumption. You don’t have to explicitly see the underagers drink or be told that they are doing so in order to be held liable. The law basically states that if you have constructive knowledge, or your actions are reckless, you can be held liable for drinking on your premises.
Constructive knowledge essentially means that you “should have known” that alcohol consumption was taking place. If the teens are hanging out in the garage by the beer fridge, you can smell alcohol on their breath when you talk to them, or you have similar reasons to suspect that underage drinking is occurring and you turn a blind eye to it, this constitutes constructive knowledge and social host liability. Simply saying “I don’t want to know what you’re doing” and never checking on your teens for six hours doesn’t mean you’re in the clear.
You have a responsibility over your household. The same can be said for reckless actions. If you and your spouse leave town for the weekend and your teen decides to have a party while you’re gone, you can still be held liable if you leave alcohol that can be easily accessed. No two situations are the same, but you can’t just stick your head in the sand and declare that you didn’t know it was happening. You need to take proactive steps to manage your household and underage guests in it.
Holiday season is upon us, and if you’re going to have underage guests at a holiday party, or your teen wants to have friends over for the night, talk to them about underage alcohol consumption and be a proactive parent. We understand that it’s not always easy, but you can face fines and even jail time if you are held socially liable. If you have questions or need help with your social liability or alcohol-related offense, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
