Arnold Schwarzenegger has signed a measure designed to save young lives by acting as a curb to adults who knowingly provide underage teens with alcohol in the home.
The governor signed AB 2486 by Assemblyman Mike Feuer (D-Los Angeles) after the measure – jointly sponsored by the Consumer Attorneys of California and Mothers Against Drunk Driving – sailed through both houses of the Legislature with virtually no opposition.
Although it is illegal to supply alcohol to a minor under state law, California is one of just three states that prohibit a civil recourse even in cases that end with teen deaths. By ending that restriction, AB 2486 seeks to boost responsible behavior and deter adults from providing alcohol to minors. Entitled the Teen Alcohol Safety Act of 2010, the measure will allow a civil action to be brought against an adult “social host” who spawns tragedy by providing alcohol to underage teens.
But the intent of the bill, which becomes law Jan. 1, is deterrence – not more lawsuits.
“We ´re very grateful for the governor ´s signature and support,” said Christopher B. Dolan, CAOC president. “As we ´ve said all along, this effort is about saving young lives. We hope that by strengthening the legal consequences, adults will think twice before providing alcohol to teens.”
California has seen a surge in recent years of teens hospitalized or even killed after engaging in binge drinking. The most shocking episodes involved parents or other adults knowingly providing alcohol to teens.
When efforts to seek criminal prosecution failed, Shelby ´s parents attempted to pursue answers through the civil courts only to be rebuffed by California ´s barrier against such lawsuits. An attorney for her parents brought that restriction to the attention of CAOC, which enlisted MADD California in supporting the bill.
Under AB 2486, the families of a minor injured or killed by alcohol would still need to prove in court the elements of negligence – that an adult breached their responsibility to uphold the law and knowingly provided alcohol. Because of the measure ´s limited scope, its greatest impact would be to act as further deterrence to help keep parents from promoting behavior that runs counter to common sense and criminal law.
Consumer Attorneys of California is a collection of nearly 3,000 plaintiffs ´ lawyers who handle cases involving workplace discrimination, civil right violations, victims of toxic chemical exposure, people injured by defective products or maimed by medical negligence. They seek justice for Californians who have been wronged by financial institutions or damaged by insurance companies acting in bad faith. Member attorneys work on a contingency fee basis to ensure access to the justice system for all Californians, even those of very limited means.
Source: Los Angeles Chronicle (USA), 21/08/10
