There is a variety of reasons not to drink and drive, ranging from moral and social responsibilities, employment and educational consequences, loss of driving privileges, severe criminal penalties, and, of course, civil liability stemming from an increased risk of accidents caused by driving under the influence.

In this blog post, we explore unique topics involving accidents caused by an intoxicated minor; specifically, who you can pursue legal action against.

California's DUI Laws

California has strict DUI laws. Under California Vehicle Code Section 23152(a), it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. Under California Vehicle Code Section 23152(a), it is unlawful for a person under the age of 21 years who has 0.05% or more, by weight, of alcohol in his or her blood to drive a vehicle.

In personal injury matters, where you are involved in a car accident with an intoxicated minor, there may be additional persons and entities you may also have a claim against.

Commercial Hosts – Bars, Clubs, Establishments 

California Civil Code Section 1714(b) generally exempts alcohol-serving establishments from being held liable for injuries or damages caused by someone to whom they served alcohol. The law considers that the consumption of alcohol, rather than the sale or serving of it, is the proximate cause of any resulting harm.

The major exception to this rule is when alcohol is served to an obviously intoxicated minor. Under California Business and Professions Code Section 25602.1, if an establishment knowingly serves alcohol to a minor who is obviously intoxicated and that minor subsequently causes injury or death due to intoxication, the establishment can be held liable.

If a minor who was served alcohol by a commercial establishment injures someone else (a third party), the injured party can sue the establishment under this exception. The liability here is focused on the fact that the server knowingly provided alcohol to an underage person.

To establish the claim that an establishment is responsible for your harm because they sold/gave alcoholic beverages to a minor who was already obviously intoxicated, you must prove:

•           That the establishment was required to be licenses to sell alcoholic beverages or that the establishment was authorized by the federal government to sell alcoholic beverages on a military base or other federal enclave;
•           That the establishment server sold or gave alcoholic beverages to the minor or that the establishment caused alcoholic beverages to be sold or given away to the minor;
•           That the minor was less than 21 years old at the time;
•           That when the establishment server provided the alcoholic beverages, the minor displayed symptoms that would lead a reasonable person to conclude that the minor was obviously intoxicated; and
•           That the establishment server selling or giving alcoholic beverages to the minor was a substantial factor in causing your harm.

When determining whether the minor was visibly intoxicated, you may consider if they  exhibited one or more of the following symptoms to an employee of the establishment before the alcoholic beverages were provided: impaired judgment, the smell of alcohol on their breath, incoherent or slurred speech, poor muscle coordination, staggering, an unsteady walk or loss of balance, loud, boisterous, or argumentative behavior, a flushed face, or any other signs of intoxication. Simply having consumed alcohol is not sufficient on its own to hold the establishment liable.

While it is possible to sue an establishment who served a minor alcohol for your injuries stemming from an incident where you got into an accident with the intoxicated minor, very specific facts are needed – mainly that the minor displayed symptoms indicating. That they were obviously intoxicated and were still served.

Social Hosts

In California, social host liability refers to the potential legal responsibility of individuals (non-commercial hosts) who provide alcohol to guests in a social setting, such as at a private party at one's home.

California law generally exempts social hosts from liability for harm caused by guests who consume alcohol at their gatherings. This means that if you host a party and one of your guests gets drunk and later injures someone, you typically cannot be held responsible for their actions.

The primary exception to this rule is when a social host knowingly provides alcohol to a minor. Under California Civil Code Section 1714(d), a social host who knowingly furnishes alcohol to someone under 21 years of age can be held liable if that minor then causes injury or death as a result of their intoxication.

Like commercial hosts, the liability is focused on the act of knowingly providing alcohol to a minor.

To establish the claim that the Defendant is responsible for your harm because they furnished alcoholic beverages to the minor at the Defendant's home, you must prove:  

• That the Defendant was an adult;
• That the Defendant knowingly furnished alcoholic beverages to the minor at the Defendant's home;
•           That the Defendant knew or should have known that the minor was less than 21 years old;
•           That you were harmed by the minor;
• And that the Defendant's furnishing of alcoholic beverages to the minor was a substantial factor in causing your harm.

Under the statute, the minor may sue for the minor's own injuries, or a third person may sue for injuries caused by the minor. (Civ. Code, § 1714(d)(2).)

We Fight for You

At Dordick Law Corporation, our team has extensive knowledge and experience dealing with cases where liability is imposed on not only the intoxicated minor who harmed you, but also the bar, club, or establishment that served them or the adult who served them in their home.

Our trustworthy and highly qualified team is available for consultations.