Graduation Party Liability: Can Parents Be Sued or Criminally Charged for Underage Drinking at their home in New York?
As graduation season approaches, many families are preparing to celebrate a major milestone with graduation parties, family gatherings, and celebrations with friends. While these events should be memorable for all the right reasons, parents need to understand the serious legal consequences that can arise if alcohol is provided to minors.
Many parents are surprised to learn that allowing underage drinking at a graduation party can expose them to both criminal charges and civil lawsuits in New York. In some cases, parents may find themselves under police investigation or defending a lawsuit after a guest leaves their property and causes an accident, injury, or death.
Can Parents Be Held Liable for Underage Drinking at a Graduation Party?
The short answer is yes.
Under New York’s social host liability laws, adults who knowingly provide alcohol to minors, or knowingly permit minors to consume alcohol on their property, may face significant legal consequences that include being named in a civil lawsuit, or potentially being charged with a crime.
Social Host Liability in New York – You Can Be Sued
New York’s General Obligations Law permits injured parties to pursue claims against adults who unlawfully provide alcohol to minors.
This means that if a minor consumes alcohol at your home and later causes an accident and injures someone or damages property you may be sued for the resulting damages.
These lawsuits can seek compensation for:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Wrongful death damages
Even if the parents did not personally hand the alcohol to the minor, allowing underage drinking to occur may create significant legal exposure.
Criminal Charges for Providing Alcohol to Minors – You Can be Prosecuted
In addition to civil liability, parents may also face criminal prosecution.
Under New York Alcoholic Beverage Control Law § 65(1), it is unlawful to provide alcohol to individuals under the age of 21. Violations can result in criminal penalties, fines, and even jail.
Depending on the circumstances, law enforcement may investigate whether adults knowingly furnished alcohol to minors or permitted underage drinking to occur on their property.
Endangering the Welfare of a Child Charges
New York prosecutors have also pursued charges under Penal Law § 260.10, commonly known as Endangering the Welfare of a Child.
This charge may be filed when an adult knowingly acts in a manner likely to be injurious to the physical, mental, or moral welfare of a child under the age of seventeen.
A conviction can carry:
- Up to one year in jail
- Fines
- Probation
- A permanent criminal record
If you are being investigated for providing alcohol to minors, hosting an underage drinking party, or Endangering the Welfare of a Child, it is important to speak with an experienced criminal defense attorney as soon as possible.
What Should Parents Do?
The safest course of action is simple: do not provide alcohol to minors and do not permit underage drinking in your home.
While every parent wants their child’s graduation celebration to be enjoyable, the potential consequences, including criminal charges, lawsuits, financial liability, and life-changing injuries, far outweigh any perceived benefit of allowing alcohol at the event.
If you have been contacted by police, are under investigation, have received a summons, or have been sued following an accident involving underage drinking, speaking with an experienced New York criminal defense and civil litigation attorney immediately can help protect your rights and interests.
Contact LaMarche Safranko Law
If you are facing criminal charges, are under investigation, or have been sued in connection with an underage drinking incident, graduation party accident, or alcohol-related injury, contact LaMarche Safranko Law, PLLC to discuss your legal options.
