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AB 2486 of 2010: Social Host Liability - Negligence
December 10, 2010
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AB 2486 of 2010:
What: Only amended Civil Code § 1714 relating to social host liability. This bill provides that provisions of law concerning social hosts who serve alcohol would not preclude a claim against a parent, guardian, or other adult to be held liable if he or she knowingly furnishes alcoholic beverages at his or her residence to a person under 21 years of age, in which case the furnishing of alcoholic beverage may be found to be the proximate cause of resulting injuries or death.
Who: Introduced on February 19, 2010 by Assembly member Mike Feuer, chair of the Assembly Committee on Judiciary, at the request of the Consumer Attorneys of California [“CAOC”] and Mothers Against Drunk Driving [“MADD”]. This bill was also supported by the Board of Supervisors of Santa Clara County
Why: Co-sponsor Mothers Against Drunk Driving (MADD) argued that “Alcohol plus youth is a deadly combination, killing 6.5 times more youth than all other drugs combined. Holding social hosts accountable under civil law, for serving alcohol to minors, is intended to change conduct and prevent tragic circumstances. MADD . . . sees AB 2486 as an opportunity to bring California law into compliance with the majority of other states and more importantly save lives." The other co-sponsor, Consumer Attorneys of California (CAOC), noted that existing law's grant of immunity to social hosts "means that no matter what the circumstances and even if an adult knowingly provides alcohol to a minor, there is absolutely no accountability in a civil case." CAOC pointed out that under AB 2486: “[the parent, guardian, or other adult] is not automatically liable for the injuries or deaths to the minor or any third party. AB 2486 simply removes an absolute legal impediment for the family to proceed. And, AB 2486 is extremely limited as it only applies to social hosts who knowingly provide alcohol to minors. Thus, the family of the injured or killed would still need to prove in court all of the elements of negligence: a duty of care existed, a breach of that duty occurred, causation, and damages. Negligence, as a basis for social host liability, is not automatic. Each element must be proven in order to give rise to social host liability.