Civil and Criminal Liability: Your Responsibilities as Parents in the event of alcohol being served from home

The Hilton Central School District encourages parents to be aware of the penalties involved with serving alcohol in the home.

 Civil and Criminal Liability: Your Responsibilities as Parents  Parents may face a host of negative consequences from kids’ alcohol and other drug use.  These negative consequences are in the form of both civil and criminal liability if you choose to serve alcohol or illicit drugs or if there is an unsupervised party on your property, with or without your knowledge.

Civil Liability includes responsibility for: Any injury/death that occurs on your property Any injury/death that occurs off your property after individuals obtained an intoxicating substance on your property with or without your knowledge Damage to a neighbor’s property by guests of your party Injury/death or property damage due to a motor vehicle accident if a person at fault obtained an intoxicating substance at your house, with or without your knowledge Injuries/deaths resulting from a fight on your property Sickness or overdose resulting from any substance that was obtained on your property with or without your knowledge.

Criminal Liability may include: Arrest for unlawfully dealing with a child Arrest for endangering the welfare of a child if you serve a minor alcohol and you are present Arrest of your child for endangering the welfare of a child or unlawfully dealing with a child if they permit drinking Arrest of you and/or your child if any illegal substances are found on your property.

Charges for being a criminal nuisance if there is unreasonable noise, disorderly conduct, or illegal conduct in your home Arrest of you or any person in charge of the premises for any assault, damage to property, larceny or for permitting those at your home to drive under the influence of alcoholic beverages or drugs Although the above acts may or may not be covered under your homeowner’s insurance policy, you may still be responsible for costs not covered or beyond your policy limits. Parents and adults have a legal responsibility to insure the safety of underage persons while on their property or under their care, custody, and control. Parents have a duty to monitor parties hosted by their children.  

Resources: New York State Liquor Authority, “Alcohol and Your Child: Information Every Parent Should Have,” WNY United Digest, Nov. 1997, and Markus, Knoer, Crawford and Hilton Law Office, 1998.