Baby Boozers: The Consequences of Underage Drinking in New Jersey (2 of 2)

Copyright (c) 2009 Frank Luciano

This article continues and concludes the article "Baby Boozers: The Consequences of Underage Drinking in New Jersey"

II. The Liability of Third Parties for Underage Drinking A. Serving an Alcohol Beverage to an Underage Person

It is against the law to offer, serve or make available an alcoholic beverage to someone who is under the age of 21. It is also illegal for someone who owns or leases property to make that property available for the purpose of serving or providing alcohol to persons under the age of 21. A person who violates this statute will be prosecuted for a disorderly person's offense.

This statute does not apply to: (1) the minor's adult parent or guardian; (2) an adult homeowner, where the minor's adult parent or guardian is present and provides permission for the minor to drink an alcoholic beverage; (3) if the consumption occurs during a religious ceremony; and, (4) if the property is licensed to serve alcoholic beverages. Notably, if a licensed liquor establishment does serve an alcoholic beverage to a minor it can have its license administratively suspended, cancelled or revoked.

B. Dram Shop Liability

An establishment licensed to sell liquor or a "dram shop" as it is sometimes referred to in the law, can be held responsible for injury caused by an intoxicated patron or sustained by an intoxicated patron. That liability is limited, however, to circumstances where an alcoholic beverage is provided to a minor or a visibly intoxicated patron.

Once a dram-shop owner provides an alcoholic beverage to a minor or allows a minor to consume one, the owner's negligence attaches, irrespective of whether the underage patron was intoxicated. This special rule is based on a recognition that the inherent dangers of alcohol use are intensified with an underage drinker. Resultantly, the prohibition against serving a minor creates a greater public concern than the service to an intoxicated adult.

C. Social Host Liability

Any individual or "Social Host" who invites another to his/her home, apartment or other unlicensed location will be civilly liable for injuries or damages resulting from an accident if the individual provided an alcoholic beverage to a minor or a visibly intoxicated adult who caused the loss. Again, a claimant does not have to show that the minor was visibly intoxicated to impute liability to "Social Host".

III. Conclusion

Underage use of alcohol is a serious problem in America. Beyond the social consequences of underage drinking, there are serious criminal, civil and administrative implications.

It is imperative that young people understand the serious penalties and catastrophic harm that may result when they decide to consume alcoholic beverages. It is equally important that those who provide alcohol beverages to those under the age of 21 understand that they too may be subject to serious penalties as well.

If you, a friend or family member are involved in a criminal or civil case relating to underage drinking, it is imperative that you immediately engage a trial lawyer with good experience in this area of the law.

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