Liability for providing or allowing minors to consume alcohol
- Author Michael Helfand
- Published January 30, 2010
- Word count 528
Illinois law prohibits adults from providing alcohol to minors and holds adults who do provide alcohol to minors responsible for any resulting harm. This means parents who allow their child as well as their child’s friends to drink alcohol in their home will be responsible if the child or child’s friend is hurt as a result – whether alcohol poisoning or an alcohol related vehicle or other type of accident.
Teenagers experience peer pressure on a number of different levels, including pressure to drink more than they can handle. Alcohol poisoning is extremely serious as it can result in permanent injury and even death. If your minor child was injured due to a situation where parents or other adults allowed or provided alcohol, you may consider filing a personal injury lawsuit against the host parents or adults. If it led to tragic consequences such as death, you can file a wrongful death lawsuit.
Consider the example of a teenage party where a parent either provides or allows alcohol at the party and someone is injured. The parents may be held responsible for the injuries that occur at their home as well as for injuries that occur after an impaired minor leaves their home. This means if an impaired minor hurts a third party after leaving their home, the parents may be responsible for the third party’s injuries as well.
Another example is drunk driving. Regardless of whether your minor child was the driver or passenger, if he or she was injured in a drunk-driving accident after a party, you can file a lawsuit against the parents or adults who provided or allowed the alcohol. The law holds the adult, not the minor, in these situations responsible. If the impaired minor injures another driver or passenger, the parents who provided the alcohol to the minor may be sued by the other driver and anyone else hurt in the accident.
If your minor child was hurt in a situation described above or if you were hurt due to the actions of a minor as described above, you may have a personal injury case against the parents or adult who provided the alcohol to the impaired minor. There are attorneys in Illinois who deal specifically with this type of personal injury case. Personal injury attorneys typically charge on a contingency basis. This means if you win or settle, your lawyer is paid from the sum awarded or settlement amount. If you lose, you do not have to pay anything. The amounts rewarded in these types of cases often cover medical expenses, property damage, pain and suffering, attorney’s fees and sometimes punitive damages. If a plaintiff is successful, recovery is usually paid from the defendant’s homeowners’ insurance.
A parent or adult who provides alcohol or allows minors to drink at their home can also face criminal liability. Oftentimes, it is classified as a misdemeanor but if serious injury or death results, it can be a felony. If you are a defendant in such a situation, it is strongly recommended that you speak with an experienced criminal defense attorney.
To learn more visit http://www.findgreatlawyers.com/Serving-Alcohol-Minors-Parties.htm
Michael Helfand has been an Illinois attorney since 1997 and is founder of http://www.findgreatlawyers.com/IllPersonalInjury.htm the leading resource for Illinois lawyer referrals and legal guidance.
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