It’s high school graduation season, a time when parents and their children come to together to celebrate a rite of passage. But seemingly every year around this time, these celebrations result in tragedy—a young life cut short because the negligent actions of another. Sadly, in many cases, it is the parent of the teenager’s friend who set the tragic events in motion by supplying minors with alcohol (or failing to take steps to prevent minors from consuming alcohol).
Florida law speaks to this very issue. Under Fla. Stat.§ 856.015, it’s a crime for an adult to permit a so-called “open house party” to take place at his or her residence. This happens when (1) the adult knows that a minor possesses or is consuming an alcoholic beverage or drug at the residence and (2) the adult fails to take reasonable steps to prevent that possession or consumption. But beyond the criminal exposure, there’s the exposure of civil liability. If an adult allows an open house party to take place at his residence and that leads to an injury—for example, a drunk minor leaving the party gets into a car accident—such actions may constitute negligence per se. In other words, in any personal injury or wrongful death lawsuit against the adult, the plaintiff will only need to prove causation and damages to prevail on a negligence claim.
The case of Trainor v. Est. of Hansen, 740 So. 2d 1201, 1201 (Fla. 2d DCA 1999) is a classic fact pattern. There, parents held a house party for their daughter’s 16th birthday. The father allegedly set up several kegs of beer for consumption by the minor guests. After consuming beer at the party, an intoxicated minor leaving the party by car got into an accident, killing his fellow passenger, who was another minor. The estate of the deceased minor sued the parents under a negligence per se theory, citing Fla. Stat.§ 856.016. The trial court dismissed the claim. The Second DCA reversed, holding that that Florida legislature had “imposed a duty of care on social hosts and created a civil cause of action for a statutory violation.”
If you or someone you know has been harmed because an adult failed to prevent underage drinking or drug use at their home, you may have legal options. Speak with an experienced attorney to evaluate potential civil claims.