May is certainly one of my favorite months. The weather warms up, flowers bloom, the grass looks it best, golf and spring sports begin, and we enjoy many important events with family and friends such as weddings, graduations, proms, Confirmation, and First Holy Communion. It is a wonderful month of celebration, and you can feel summer just around the corner, which our kids relish. In just a few more weeks, we will be headed to Cape Cod for another wonderful summer vacation. Unfortunately, celebrations sometimes end in tragedy. While you enjoy all these festive occasions, take a minute and think about the legal and personal responsibilities that come with the celebrations.
For many years, Massachusetts shielded homeowners from liability if they did not supply the alcohol at a party. If your guest left intoxicated, but they were drinking their own alcohol that they brought to your house, the homeowner had no liability. In 2000, our legislature added to G.L. c. 138, § 34, our “social host” act, a broader definition of the word “furnishing”. From that point on, anyone who “furnishes” alcohol to a minor can be criminally punishable for their actions even if they did not provide the alcohol. The legislature enlarged the definition of “furnish” to include allowing a minor to possess alcohol on your premises, regardless of who provided it. This definition was added due to a public outcry over a series of drunk driver accidents that occurred after parties in private homes, many where parents allowed their teenagers, often over the legal voting age of 18 but under the legal drinking age of 21, to have alcohol at the parties at their homes. You should now know that even if you don’t provide the alcohol, you can go to jail for allowing anyone under 21 to consume alcohol in your home.
In 2012 in the case of Juliano v. Simpson, 461 Mass. 527, the Massachusetts Supreme Court did not extend civil liability to an underage host who threw a party for minors in his home, but the court was very clear in its dissent that it “can and should be prepared to expand our common-law rule of social host liability to include a case where an adult knowingly makes available her home or other location under her control for underage drinking.” In other words, it is likely that when an adult runs the party, they will be civilly responsible. Interestingly, the court included the words “other location”, so it is not just parties in your home in which you may be liable. For example, if you were to allow a group of minors to drink alcohol at your tailgate party for a college or professional football game, you may be held responsible. We tested this theory in a case in the recent past involving parking lot drinking at a large concert venue. The matter resulted in a settlement, but had it gone to the Supreme Court on this issue, I am confident that they would have extended the liability to everyone who “furnished” a place for these minors to become intoxicated and who subsequently were tragically killed in a car accident after leaving the venue.
So graduates, and their families, congratulations, now act responsibly. Parents, don’t try to be the “cool” parents by allowing the graduation party with alcohol for minors even if they are over 18. If you are having a large party, think about providing a professional bartender to serve the alcohol. You can then enjoy the party and let the professional tell your guests that they have had enough or tell the minors that they cannot get a beer. Consider holding the event offsite at a restaurant or a function hall. Your liability and stress level will decrease, you will have more time to enjoy your guests, and you don’t have to worry about the cleanup. If you are going to have parties and events at home, and even if you don’t, you should always review your insurance to make sure you are adequately protected. Umbrella policies that extend cover above the limits of your homeowners and automobile polices are relatively cheap for the amount of coverage you are afforded.
Have a marvelous month, and may all the memories of your May events be truly wonderful and cherished forever.
Sincerely,
Michael K. Gillis, Esq.
GILLIS & BIKOFSKY, P.C.
1150 Walnut Street
Newton, MA 02461
Phone: 617-244-4300
Fax: 617-964-0862
E-mail: mgillis@gillisandbikofsky.com