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Drunk Driving Death

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Hosted an after hours party at my apartment complex where we provided food and beverages including alcohol for a door fee of $25. An underage attendee whom we assumed was a guest of an employee became inebriated and drove home. On her way home, she crashed into parked cars and passed away. Due to the fact that we collected money and distributed alcohol are we liable for the death of the young woman.  

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All I can give you is a maybe.

 

You could be liable for her death because you served liquor to a minor. Depends on who can prove what.

 

But you are certainly vulnerable to a lawsuit that can cost you a fortune to defend so I hope you looked into proper insurance before you decided to host the party.

 

At any rate, California liquor liability laws are complicated, so you would be wise to get ahead of this and consult an attorney just in case.

 

 

 

 

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You face potential criminal charges for furnishing alcohol to a minor.  It is a misdemeanor.

California Business and Professions Code 25658 regulates the sale of alcohol in California. This law makes it a crime to furnish (that is, sell, provide or give) -- or causing to be sold, furnished, or given away -- any alcoholic beverage to a person under the age of 21.

 

You face potential civil liability.  

California Civil Code §1714(d) states:

(1) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.

 (2) A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age.

Your liability depends on "knowingly".  I hope you have insurance to defend you.

 

You should probably be interviewing attorneys now to protect you from possible criminal charges and to review your applicable insurance policies, if any.  Don't talk to anyone about this and stop posting on social media sites.

 

 

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1 hour ago, legal_researchfindlaw said:

Hosted an after hours party at my apartment complex where we provided food and beverages including alcohol for a door fee of $25.

 

This sentence is missing a subject.  Who "[h]osted an after hours party"?  What does "after hours" mean in this context?  After what hours?  You wrote that "we provided food and beverages."  Who are "we"?

 

 

1 hour ago, legal_researchfindlaw said:

An underage attendee whom we assumed was a guest of an employee became inebriated and drove home.

 

An employee of whom?  What caused you to make assumptions about who this person was (i.e., what was/were the basis/bases for your assumption)?

 

 

1 hour ago, legal_researchfindlaw said:

Due to the fact that we collected money and distributed alcohol are we liable for the death of the young woman.

 

Again, it depends on who "we" are.

 

 

54 minutes ago, wlight63 said:

California Civil Code §1714(d) states:

 

Section 1714(d) has to be read in the context of 1714(c), which states the general rule that a social host is not liable for injuries resulting from a guest's consumption of alcoholic beverages.  Also, in order for 1714(d) to apply, not only must the defendant have "knowingly furnish[ed] alcoholic beverages" to the person under the age of 21, the defendant must have known or had reason to know the person served was under 21.

 

 

57 minutes ago, wlight63 said:

I hope you have insurance to defend you.

 

You should probably be . . . review[ing] your applicable insurance policies, if any.  Don't talk to anyone about this and stop posting on social media sites.

 

Concur.

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