Party hosts face legal risk when they serve alcohol — to minors or not
By Cindy V. Culp Tribune-Herald staff writer
Beer can be the perfect complement to barbecue, and fajitas might seem lonely without margaritas. But before you serve alcohol at any of your get-togethers this summer, you should think about the potential liability, officials say.
Late last month, criminal charges were filed against five McLennan County residents in connection with a party held at a bar in West.
Navarro College student Megan Helal, 19, attended the March party and was found dead the next morning.
Although an autopsy revealed Helal’s death was caused by a pre-existing heart condition, charges were filed against the people who allegedly helped her get alcohol.
They include a 20-year-old Baylor University fraternity member who threw the party, the owner of Mynar’s Bar where the party was held and two bartenders there. A 21-year friend of Helal’s also was charged for allegedly giving her alcohol before the party.
Although that incident centered around a bar, people who throw parties at home also can find themselves in trouble, officials said.
The prohibition against giving alcohol to minors applies everywhere. Plus, even if guests are of legal age, hosts can face a lawsuit if a guest leaves drunk and injures someone.
One of those potential trouble spots is easy to avoid, said Lt. Tom Dickson of the Texas Alcoholic Beverage Commission. All people have to do is make sure they don’t give alcohol to minors, he said.
People who have parties at home, or so-called social hosts, make up the bulk of those charged with giving alcohol to minors, Dickson said.
People often think they won’t get caught. But charges could easily be triggered by a neighbor reporting the party or a guest getting in trouble on the way home, he said.
Parents who are charged in such cases often tell officers they thought it was safer for their children to drink under supervision, Dickson said. Or they will rationalize it by saying they took the teens’ keys away. But their intentions don’t matter, he said.
“It’s still against the law,” Dickson said.
Charge applies under 21
The biggest misconception about providing alcohol to a minor, Dickson said, is that people under age 21 can’t face that charge.
The truth is that an underage person can be charged just the same as someone over age 21, he said.
Making alcoholic beverages available to a minor is a Class A misdemeanor, punishable by a fine up to $4,000 fine and/or one year in jail.
Violators also automatically have their driver’s license suspended for 180 days.
The other main risk for social hosts — guests leaving drunk and hurting someone — is a thornier issue. Certainly, many such incidents could be prevented if hosts were conscientious about not letting intoxicated people drive, Dickson said.
But for instances when a host isn’t aware a guest is drunk, the best strategy is to have adequate protection, insurance agents said.
Getting coverage
In Texas, basic homeowners’ policies usually include $100,000 worth of liability coverage, said David VanDelinder, executive director of the Independent Insurance Agents of Texas.
In the event of a lawsuit stemming from a homeowner serving alcohol, the policy would pay for defense fees and any court judgment, up to the policy limit, he said.
The problem is that the cost of a lawsuit could easily exceed the standard liability amount, leaving homeowners on the hook for the rest, VanDelinder said. To prevent that possibility, people should consider upping their liability coverage, he said.
One way to do that is to increase the amount of liability coverage in their homeowner policy, VanDelinder said.
$15 to $20 per year
Increasing the liability amount to $500,000 will cost most people $15 to $20 more per year, he said.
Another option is to buy a supplemental policy referred to as a “high limit” policy or an “umbrella” policy, VanDelinder said. An additional $1 million worth of coverage can typically be bought for about $150 per year, he said.
In Texas, it’s rare for homeowners to face suits that stem from intoxicated party guests, VanDelinder said. That’s likely partly because courts here have not held social hosts as responsible as courts in some other states have, he said.
But such suits do happen from time to time, VanDelinder said.
“That’s why you pay for liability insurance,” he said.
Local insurance agent Tommy Muska said he encourages people who have special risks on their properties, such as a pool or trampoline, to buy an umbrella policy.
Hosting a lot of parties where alcohol is served would be another good reason to get such a policy, he said.
“It would definitely help,” Muska said.
Most people, though, don’t go for the idea of adding extra coverage, Muska said.
“Unfortunately, the average person doesn’t see that risk,” he said.
cculp@wacotrib.com
757-5744
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