WHEN UNDERAGE KIDS DRINK, PARENTS CAN BE HELD RESPONSIBLE
It is that time of the year. Graduation parties, proms and a host of other gatherings where teenagers and individuals under the age of 21 partake in the age old tradition of “celebrating” their conclusion of high school, community college or like events. For years, when a parent hosted a party, they could not be responsible for the injuries sustained by an underage drinker. At the time, the Illinois Dram Shop Act, 235 ILCS 5/6-21 would not permit a cause of action against a non-commercial supplier of alcohol.
Recently, however, a new law regarding the civil liability of providing alcohol to minors was enacted. The Drug or Alcohol Impaired Minor Responsibility Act, 740 ILCS 58/1 provides for damages against a person who willfully supplies alcohol or illegal drugs to one under the age of 18. Now, any person over the age of 18 who willfully supplies alcohol or drugs to any person under the age of 18 and the supplying of alcohol or drugs causes the impairment of that person will be liable for their death or injuries to individuals caused by the impairment of that person.
There are a couple of interesting side notes to this newly enacted statute. For example:
1. The economic damages that are permitted include, but are not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accident or injury or any other pecuniary loss proximately caused by the impairment of the person under the age of 18. (740 ILCS 58/10 (1)).
2. Similarly, non-economic damages can be recovered, including but not limited to, physical pain, mental suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment of life, loss of companionship, services and consortium and other non-pecuniary losses proximately caused by the impairment of the person under the age of 18. (740 ILCS 58/10 (2)).
3. The reasonable attorneys’ fees are also allowed to be recovered. (740 ILCS 58/10 (3)).
4. The cost of suit, including the reasonable expenses for expert testimony are allowed to recovered. (740 ILCS 58/10 (4)).
5. Finally, the injured party can seek punitive damages against the person who willfully supplied the alcohol or illegal drugs to the person under the age of 18. (740 ILCS 58/10 (5)).
Another interesting nuance of this statute is that neither contributory negligence nor contributory willful and wanton conduct shall apply to any injured party claiming damages under this act.
Parents, take heed of this legislation. This is a dramatic departure from the Illinois Dram Shop Act. Under the old legislation, if a minor was served alcohol at your home and then later died in a drunk driving accident, you would not face liability. The Illinois General Assembly changed all of that with the enactment of the Drug or Alcohol Impaired Minor Responsibility Act. Be aware, should you allow teenagers to drink on your property and those teenagers later get injured, you will be on the hook. And rightfully so. So think before you allow your kids (and their friends) to drink. And if you do decide to let them imbibe in the bubbly, please do so responsibly: TAKE THE KEYS.
