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Good day. Since I generally write in a long-winded fashion I'll get right to the point. I've been trying to find some clarification on this matter for several days...however without having any legal text (or more accurate legal text, rather), and having the various search engines on the internet proving fruitless, I don't know where else to turn.
I currently live in New Jersey and I'd like to hear your interpretation of a scenario my friends and I were arguing about just recently. On the matter of social host liability, my friends all claim that in the circumstance of misbehaving children throwing a party while their parents were out of the house for a night and were unaware of their actions (despite their attempts at checking in on them occasionally by phone), while the children used fake Identifications to procure their own alcohol, any damages that occur at the party, or afterwards on the road, would leave the parents automatically liable for a suit from a third party. One of them claimed that whoever's name was on the mortage would assume full responsibility. I, however, disagree completely. Everywhere I've looked I have only seen cases where the adults are only liable when the adults knowingly A) Hosted the party themselves, B) Procured or supplied the alcohol to a minor, or C) willfully intoxicated the minor, knowing they would operate a motor vehicle later in the evening. Despite my research, none of my friends believe that this is enough information to change their minds. I have seen one instance where it has been mentioned that the parents could not be held liable. It read that if they were completely unaware of their children's actions and they took any and all measures to keep them in check while they were away, they couldn't be held liable. However this was Australia law, and the document only briefly mentioned a Supreme Court of New Jersey ruling that had a similar outcome...I'm afraid I would need more evidence to be sure though. I've found several web pages that mention that the parents unawareness of their children's actions (especially if the children were so explicity duplicitious in creating their social gathering) that they were not held repsonsible. However these web sites are hardly what I would call professional...I'm sure mt friends wouldn't even look twice at the information... I appreciate any and all information on this matter. Even a link where I can find the Social Host Liability law in its entirety would be greatly appreciated. Thank you in advance. Last edited by Kouhei1074 : 06-13-2006 at 01:10 AM. |
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