California Teen Alcohol Safety Act Increases Parental Liability

Last August, California Governor Arnold Schwarzenegger approved bill AB 2486, "The Teen Alcohol Safety Act." For years, the families of teenagers who had been injured or died in alcohol-related accidents could not file a civil suite against the adults who provided the alcohol. The new law provides such families with civil recourse by increasing the consequences for adults who give alcohol to underage teenagers in the home.

In addition to civil suits and liabilities, some California communities may even charge police fees for breaking up underage parties. In others, adults may face criminal charges, depending on the outcome of the party, including whether minors were injured or killed in an accident.

The Teen Alcohol Safety Act was a response to the high incidence of teen injuries and fatalities due to binge drinking in which parents or other adults knowingly provided the alcohol. A 2008 tragedy in Redding, California served as a strong impetus for the law: a 17-year-old died of alcohol poisoning while at a friend's party in which the parents were present. Neither criminal charges nor a civil suite could be brought against the parents under California's old law.

While the Teen Alcohol Safety Act, AB 2486, will render hosts liable for providing minors with alcohol, another law, AB 1999, would offer teens limited immunity for staying with their friends until after the authorities have been called. This is vital since most teens drink with other teens and are often frightened of the consequences. Moreover, in many cases, teens drive after drinking and are involved in risky behaviors, such as not fastening their seatbelts and speeding. According to the Archives of Pediatric and Adolescent Medicine, these three behaviors are the top predicators of fatalities among young people.

In communities throughout Orange County, law enforcement and the California Department of Alcoholic Beverage Control are cracking down on liquor and grocery stores that sell alcohol to minors. In a recent sting operation, several people were arrested. If you are an adult who purchases alcohol for a minor's consumption, you could be fined up to $1,000 and forced to perform several hours of community service.

Unfortunately, traffic accidents are the leading cause of teenage fatalities, with one-third of crashes resulting from impaired driving. The likelihood of being involved in a collision is four times higher for teens than any other age group. Alcohol consumption also poses a serious risk of causing brain damage and interfering with mental development. Hopefully, the Teen Alcohol Safety Act and increased efforts by law enforcement and parents will have an impact on this problem.