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posted on 4/22/22

Underage drinking is a serious issue, which puts both underage youths and everyone else on the road at risk. While many parents think it is safer to have their children drink at home, under their supervision, they may not realize that in Illinois that can have serious consequences for them. Under Illinois’ Drug or Alcohol Impaired Minor Responsibility Act, parents, homeowners, and property renters are liable if minors consume their alcohol or consume alcohol on their property, and go on to cause harm to themselves or others as a result. This can be true even if the parents are not home at the time that the alcohol is consumed, and if they have no knowledge of it. While this law may seem harsh, it is intended to be in an attempt to get people to be serious about making efforts to decrease underage drinking and not to take it lightly.

The Model Family

In our model family, the married couple has a high school-aged son, named Mitchell. Mitchell used to be a straight-A student and athlete, but has been taking advantage of the fact that his parents’ marital problems are keeping them away from home a lot more frequently by throwing house parties for his friends. At these parties, it is well known that there are copious amounts of drugs and alcohol available to the underage students attending. Mitchell’s parents are leaving him and their other child unsupervised for long periods of time, and are not aware of the parties or the underage alcohol usage, however, their lack of presence makes this behavior possible. Some of Mitchell’s friends were stopped by police when they were driving home from his party and were found to be driving significantly over the influence, with one having a blood alcohol level of .12, where the legal limit is .08. Things have gotten worse recently, when Mitchell took his girlfriend for a 100 mph ride in his father’s sports car while intoxicated during one of these parties, and ended up wrecking it. While both he and his girlfriend survived, they hit another driver, killing him and totaling his car.

In this situation, Mitchell’s parents would be liable under Illinois law for the harm that occurred to the other driver as well as to his car, because it was caused by their son, driving their car, after he consumed alcohol in their home. If any of the other party attendees suffered harm or caused harm while intoxicated, the parents would also be liable for that harm. Additionally, if Mitchell’s girlfriend was injured as a result of the accident, she could sue both Mitchell and his parents. Mitchell’s parents have put themselves in a very dangerous situation legally by leaving their children unsupervised with access to drugs and alcohol.

Contact Glasgow & Olsson

If you have concerns about social host liability, or believe you have been injured as a result of a host’s illegal supplying of alcohol to minors, the experienced attorneys at Glasgow & Olsson can help. Contact us today to schedule a consultation.