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Cathy B.

Junior Member
What is the name of your state? Texas
My 17 year old son attended a graduation party. The parent served alcohol. She and her daughter had even made 800 "jello shots" for about 50 or so kids. Other kids had also brought beer to the party and there were drinking games going on and the parent was well aware they were drinking alcohol. The home is a very large, mansion-type home and the kids were all supposed to spend the night there. At about 2:00 am, the daughter of the parent who hosted the party threw an emotional hissy-fit because one of the guys relieved himself over an outside balcony and she demanded that everyone leave immediately.
So, about 30 or so cars all left with intoxicated drivers. The parent was aware that they were leaving and claims she went out and "checked" everyone to be sure they were OK to drive. My son said some were staggering to their cars. My son was the least intoxicated of the group he was with and drove the car of his friend since it had been a couple of hours since he had anything to drink.
After passing a couple of cars that were driving 30 MPH on a 50 MPH road and weaving so badly he could hardly pass, he became the first in the group and was pulled over and charged with DWI and the passengers were given MIC charges.
I know that in the case of an accident, a parent who serves alcohol can be sued for civil damages. Fortunately, there was no accident, but my son, in his first year of college, attending on grant money, is saddled with a tremendous amount of expense in the criminal charges. Altogether, it will be about $8,000.
Can I take this claim to small claims court to recover all or part of this expense? I understand that my son shared in the responsibility for this, but so would the driver in the case of an accident. And, if so, would he have to do the filing or would I be able to do it. He was 17 at the time and he is now 18. Also, some of the expenses, such as Driver Responsibility Surcharge are assessed, but not payable in advance and go on for 3 years, so how would that be handled?
Thanks.
Cathy B.
 


seniorjudge

Senior Member
Q: Can I take this claim to small claims court to recover all or part of this expense?

A: No, you can't make someone else pay for your son's stupidity which led to criminal charges.
 

tranquility

Senior Member
No. The owners of the house should be reported to the police for their acts. Your son *choose* to commit a criminal act when told to leave. There are other ways to get home then getting in a car and driving while under the influence.
 

Cathy B.

Junior Member
I thought I made it clear that I understand my son has responsibility in the matter. In the case of an accident, in which the parent server can be held liable, the driver also has a responsibility not to drive a car while intoxicated. So, if there is no accident, then the parent server has no responsibility regarding the consequences of that action which contributed to the outcome? That was the question here.
 

seniorjudge

Senior Member
I thought I made it clear that I understand my son has responsibility in the matter. In the case of an accident, in which the parent server can be held liable, the driver also has a responsibility not to drive a car while intoxicated. So, if there is no accident, then the parent server has no responsibility regarding the consequences of that action which contributed to the outcome? That was the question here.
This (above) is a question about a civil case which never happened.

We are telling you that no one but sonny boy is responsible for his CRIMINAL actions.
 

5hartley

Member
I would be so pi**ed if an adult were to serve my child liquer or allow them to drink in their presence.I would press charges against the parents for doing this..it may not help your situation now but maybe they will think twice before they throw another party and it may prevent a kid from being hurt or killed.

What the heck were these people thinking? stupid:mad:
 

tranquility

Senior Member
I thought I made it clear that I understand my son has responsibility in the matter. In the case of an accident, in which the parent server can be held liable, the driver also has a responsibility not to drive a car while intoxicated. So, if there is no accident, then the parent server has no responsibility regarding the consequences of that action which contributed to the outcome? That was the question here.
I thought I made it clear. No. The landowner is not liable for the criminal acts of others.
 

tranquility

Senior Member
No. There is no legal theory I know of where the landowner is responsible for the proximal costs to a person who has committed a criminal act. Your son's damages are solely his responsibility.
 

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