BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
AB 2486 (Feuer)
As Amended June 17, 2010
Hearing Date: June 22, 2010
Fiscal: No
Urgency: No
SK:jd
SUBJECT
Social Host Liability: Furnishing Alcohol to Underage Persons
DESCRIPTION
Under existing law, a social host who provides alcoholic
beverages to any person is not liable for damages suffered by
that person, or for injury to the person or property of, or the
death of, any third person, resulting from the consumption of
those beverages. This bill would instead provide that a parent,
guardian, or other adult could be held liable if he or she
knowingly furnishes alcoholic beverages at his or her residence
to a person under 21 years of age.
BACKGROUND
According to the National Institute on Alcohol Abuse and
Alcoholism (NIAAA), approximately 5,000 people under the age of
21 die every year as a result of underage drinking. This number
includes 1,900 deaths from car accidents, 1,600 homicides, 300
suicides, and hundreds of deaths from other injuries such as
falls, burns, and drownings. Children who drink alcohol can
also face significant health risks, particularly with respect to
alcohol's effect on the liver and the developing brain, muscles,
and bones. NIAAA also reports that research shows that serious
drinking problems in adulthood, such as alcoholism, often "begin
to appear much earlier, during young adulthood and even
adolescence."
In June 2008, the Substance Abuse and Mental Health Services
Administration (SAMHSA) within the U.S. Department of Health and
Human Services reported that "[m]ore than 40 percent of the
nation's estimated 10.8 million underage current drinkers
(more)
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(persons aged 12 to 20 who drank in the past 30 days) were
provided free alcohol by adults 21 or older . . . The study
also indicates that one in 16 underage drinkers (6.4 percent or
650,000) was given alcoholic beverages by their parents in the
past month." The report also found that "[a]n average of 3.5
million people aged 12 to 20 each year (9.4 percent) meet the
diagnostic criteria for having an alcohol use disorder
(dependence or abuse). About one in five people in this age
group (7.2 million people) have engaged in binge
drinking-consuming five or more drinks on at least one occasion
in the past month."
In order to help discourage underage drinking and hold adults
legally responsible when they knowingly provide alcohol to
minors, this bill would provide that a parent, guardian, or
other adult could be held liable if he or she knowingly
furnishes alcoholic beverages at his or her residence to a
person under 21 years of age.
CHANGES TO EXISTING LAW
Existing law provides that everyone is responsible, not only for
the result of his or her willful acts, but also for an injury
occasioned to another by his or her want of ordinary care or
skill in the management of his or her property or person, except
so far as the latter has, willfully or by want of ordinary care,
brought the injury upon himself or herself. (Civ. Code Sec.
1714(a).)
Existing law provides that it is the intent of the Legislature
to abrogate the holdings in cases such as Vesely v. Sager (1971)
5 Cal.3d 153, Bernhard v. Harrah's Club (1976) 16 Cal.3d 313,
and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to
reinstate the prior judicial interpretation of Civil Code
Section 1714 as it relates to the proximate cause for injuries
incurred as a result of furnishing alcoholic beverages to an
intoxicated person, namely that the furnishing of alcoholic
beverages is not the proximate cause of injuries resulting from
intoxication, but rather the consumption of alcoholic beverages
is the proximate cause of injuries inflicted upon another by an
intoxicated person. (Civ. Code Sec. 1714(b).)
Existing law provides that a social host who furnishes alcoholic
beverages to any person is not liable for damages suffered by
that person, or for injury to the person or property of, or
death of, any third person, resulting from the consumption of
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those beverages. (Civ. Code Sec. 1714(c).)
Existing law provides that a cause of action may be brought
against any liquor licensee who sells, furnishes, or gives any
alcoholic beverage to an obviously intoxicated minor where the
sale, furnishing, or giving of that beverage to the minor is the
proximate cause of the personal injury or death sustained by
that person. (Bus. & Prof. Code Sec. 25602.1.)
Existing law provides that every person who sells, furnishes,
gives, or causes to be sold, furnished, or given away, any
alcoholic beverage to any person under the age of 21 years is
guilty of a misdemeanor. (Bus. & Prof. Code Sec. 25658.)
Existing law provides for criminal liability for a parent or
legal guardian who knowingly permits his or her minor child, or
a minor person in the company of the child, or both, to consume
an alcoholic beverage at the home of the parent or legal
guardian under specified conditions. (Bus. & Prof. Code Sec.
25658.2.)
This bill would provide that nothing in Civil Code Section
1714(c) shall preclude a claim against a parent, guardian, or
other adult who knowingly furnishes alcoholic beverages at his
or her residence to a person under 21 years of age.
COMMENT
1. Stated need for the bill
The author writes:
Currently, unlike the approach of the great majority of
states, a social host in California who provides alcoholic
beverages to any person, including even minors, surprisingly
to many, may not be held legally responsible for any damages
suffered by that person or by any third person resulting from
consumption of those beverages - even if serious injuries or
deaths result to minors. . . . According to the National
Institutes of Health, underage alcohol use remains a pervasive
and persistent problem with serious health and safety
consequences to minors. Alcohol is literally the drug of
choice for most young people in the United States, and it is
still used by more young people than tobacco or illegal drugs.
Indeed, underage alcohol use actually kills more young people
than all illegal drugs combined -- and alcohol is the leading
contributor to death from injuries, which is the main cause of
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death for people under the age of twenty-one. Tragically,
every year, roughly 5,000 young people under the age of
twenty-one die from causes related to underage drinking.
Based on the devastating consequences tied to underage
drinking, it is useful to consider how minors obtain access to
alcohol. According to a 2005 American Medical Association
(AMA) survey, over half of the teens surveyed reported they
obtained alcohol. Amazingly, one-third of these teens
responded that it was easy to get alcohol from their own
consenting parents, and almost half responded that it was easy
to get alcohol from a friend's parents. In addition, one in
four teens has attended a party where minors were drinking
directly in the presence of parents.
Co-sponsor Mothers Against Drunk Driving (MADD) writes, "MADD is
acutely aware of the devastating results of underage drinking.
Alcohol plus youth is a deadly combinations, killing 6.5 times
more youth than all other drugs combined. Holding social
host[s] accountable under civil law, for serving alcohol to
minors, will change conduct and prevent tragic circumstances.
MADD . . . sees AB 2486 as an opportunity to bring California
law into compliance with the majority of other states and more
importantly save lives."
Consumer Attorneys of California (CAOC), co-sponsor, states that
existing law's grant of immunity to social hosts "means that no
matter what the circumstances and even if an adult knowingly
provides alcohol to a minor, there is absolutely no
accountability in a civil case. We think that is wrong."
CAOC further points out that under the bill:
[the parent, guardian, or other adult] is not automatically
liable for the injuries or deaths to the minor or any third
party. AB 2486 simply removes an absolute legal impediment
for the family to proceed. The family of the injured or
killed would still need to prove in court all of the elements
of negligence: a duty of care existed, a breach of that duty
occurred, causation, and damages. Negligence, as a basis for
social host liability, is not automatic. Each element must be
proven in order to give rise to social host liability. And,
AB 2486 is extremely limited as it only applies to social
hosts who knowingly provide alcohol to minors.
2. Bill would provide for civil liability in specified instances
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Existing law provides for criminal liability when a person
sells, furnishes, or gives alcoholic beverages to any person
under the age of 21 years. And, a parent or legal guardian who
knowingly permits his or her minor child, or a minor person in
the company of the child, or both, to consume an alcoholic
beverage at the home of the parent or legal guardian under
specified conditions may also be held criminally liable.
There is no civil liability, however, for a parent, legal
guardian, or other adult who knowingly provides alcohol to
underage persons. In fact, California's "social host liability"
statute expressly bars such an action, providing that a social
host who furnishes alcoholic beverages to any person is not
liable for damages suffered by that person, or for injury to the
person or property of, or death of, any third person, resulting
from the consumption of those beverages. This bill would carve
out an exception to this immunity by providing that a parent,
guardian, or other adult could be held civilly liable if he or
she knowingly furnishes alcoholic beverages at his or her
residence to a person under 21 years of age.
As co-sponsor CAOC notes, a plaintiff bringing an action under
this provision would still need to meet all of the elements of a
negligence action: duty, breach, causation, and damages. With
respect to causation, Civil Code Section 1714(b) provides that
it is the intent of the Legislature to abrogate certain cases in
which the courts held that the furnishing of alcoholic beverages
can be the proximate cause of injuries sustained by a third
party. The statute provides instead that the furnishing of
alcoholic beverages is not the proximate cause of injuries
resulting from intoxication, but rather the consumption of
alcoholic beverages is the proximate cause of injuries inflicted
upon another by an intoxicated person.
This bill, by specifying that a parent, guardian, or adult could
be held civilly liable if he or she knowingly furnishes
alcoholic beverages at his or her residence to an underage
person, is intended to provide that proximate cause may be found
in this instance. The author notes that "the general 'proximate
cause' rule barring suits against the providers of alcohol
clearly should not apply. . . . the very narrow circumstances
covered by this measure strike at the heart of adult
responsibility for children. Allowing adults to be potentially
held accountable for the injuries that can result to
children-too often tragically including death-when they
knowingly provide alcoholic beverages to children is not only
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reasonable, it is imperative to protect the health and safety of
our children." In other words, the intent of this bill is to
provide that the furnishing of alcoholic beverages in these
instances can be the proximate cause of injuries sustained by a
third party. In order to clarify this point, the author has
agreed to the following amendment:
Suggested clarifying amendment :
On page 2, line 32, after "age" insert ", 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."
3. Civil liability when adults knowingly provide alcohol to
minors: other states
A number of other states impose civil liability upon adults when
they knowingly provide alcohol to minors. According to the
author's office, the following states permit such liability:
Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut,
Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa,
Louisiana, Maine, Massachusetts, Michigan, Minnesota,
Mississippi, Montana, Nebraska, Nevada, New Hampshire, New
Jersey, New Mexico, New York, North Carolina, North Dakota,
Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas,
Utah, Vermont, Washington, Wisconsin, and Wyoming.
Support : Board of Supervisors of the County of Santa Clara
Opposition : None Known
HISTORY
Source : Consumer Attorneys of California; Mothers Against Drunk
Driving (MADD)
Related Pending Legislation : None Known
Prior Legislation : None Known
Prior Vote :
Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Floor (Ayes 73, Noes 0)
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