It sometimes takes a tragic event to serve as the impetus for change or action. Sadly, it was a fatal car accident in September that finally moved activists in San Jose to begin taking the steps to join Santa Clara County and area cities in the fight against underage drinking by punishing parents who provide alcohol to children. The fatal drunk driving accident claimed the life of an 18-year-old passenger riding with an 18-year-old intoxicated driver.
Called a "social host" ordinance, the aim of the law is to deter teenage drinking by not only punishing the kids who imbibe, but also by fining the parents who provide the alcohol, allow the consumption of alcohol to take place in their homes, or both. Advocacy group Voices United is pushing for San Jose's city council to enact a social host ordinance that would hold parents strictly liable for any underage drinking that takes place in their home, even if the parents are out of town.
"If your dog bites your neighbor, you're liable for your dog biting your neighbor whether you're present or not. And it's the same thing with the teenagers in your home that you're responsible for," stated Gabrielle Antolovich of Voices United.
Santa Clara County has had a social host law since 2009, which applies to the unincorporated areas of the county. Under Santa Clara County's law, parents face a fine of up to $1,000 if an underage person is found to be drinking or in possession in a parent's home and there is a gathering of four or more persons, including the minor.
Taking effect in January is a new California state law that allows for lawsuits against parents who knowingly provide alcohol to minors in their home.
If you or a loved one has been injured in an accident involving an intoxicated minor, contact an experienced personal injury attorney to discuss all of your legal options.
