Parents of teenagers already have plenty to worry about when it comes to the safety of their children. In an effort to prevent their children from drinking and driving, parents will sometimes host social events and “turn a blind eye” to or actively provide a “safe space” for kids to participate in underage drinking. They will often say “don’t worry, I took away the keys and everyone’s staying here!”
In response, in 2006 Ohio’s General Assembly passed the most recent version of R.C. 4301.69, which generally forbids anyone to knowingly allow persons under the age of 21 to possess beer, wine, or intoxicating liquor, subject to certain exceptions. This gave rise to the now-widespread “Parents Who Host Lose The Most” public safety campaign, which reminds parents that they can be convicted of a misdemeanor, fined up to $1,000, and jailed for up to six months if they do knowingly allow underage persons to drink at their home. It is therefore strongly advised that parents refrain from such illegal social hosting of parties for minors.
In Ohio, historically there was very little potential liability for “social hosts” as there is in other states. Additionally, “dram shop” law, or law requiring that liquor permit holders such as bars and restaurants do not overserve their patrons, generally does not apply to private citizens entertaining at their own homes or elsewhere. The 2006 Ohio law imposing criminal liability on adults who allow underage people to drink was a narrowly tailored exception aimed at curbing potentially dangerous alcohol abuse involving minors.
Changes to Ohio civil law may also increase risk of civil liability to parents or adults who knowingly allow underage persons to imbibe. Under a 2020 Supreme Court of Ohio decision, persons harmed by commission of a crime may bring a civil cause of action against the person convicted of the crime. Under the law, parents can be held civilly liable for harm stemming from their commission of the crime of allowing underage persons to drink. This could arguably extend to people being injured by underage drunk drivers leaving such a gathering or to physical injuries or sexual assaults suffered or committed by attendees. However, this responsibility only applies where the parents knew underage persons were drinking on their property.
Unfortunately, when injuries occur to minors as a result of drinking, they can be severe and even life-altering. Recent media stories have shown all too clearly that unsupervised teens are often the victims of sexual assaults, accidents, or acute alcohol intoxication resulting in serious injury or death. No parent ever wants to learn that their child has been harmed in such a way. Where a teen sustains life-changing injury such as paralysis as a result of being provided alcohol by an adult, a family may need help in adjusting their lives. In such cases, it may be beneficial to discuss legal options with a lawyer. McCarthy Lebit’s personal injury attorneys often handle cases where a person has suffered a life-changing injury and can assist a family with many of the aspects of planning for a different future and exploration of legal options.
If someone in your family has suffered an unexpected life-changing injury due to allowing a minor to possess alcohol, please reach out for a free, no-obligation consultation with attorney Colin Ray to discuss your legal options.
Please reach out to request a consultation, give us a call at 216-696-1422, or visit Colin’s bio for his contact information to reach out to him directly.
