HOWLAND, HESS, GUINAN, TORPEY, CASSIDY, O'CONNELL & BIRNBAUM, LLP
215-947-6240
  • Home
  • Practice Areas
    • Business & Corporate Law
    • Commercial Litigation
    • Construction Law & Litigation
    • Criminal Defense >
      • License Suspension
      • D.U.I. >
        • General Information
        • Blood Alcohol Content
        • Little Known Facts
        • Penalties
    • Elder Law
    • Estate Administration, Litigation & Will Contests
    • Family Law >
      • Custody and Visitation
      • Child Support
      • Spousal Support/Alimony
      • Divorce and Equitable Distribution
    • Personal Injury
    • Real Estate, Zoning & Land Use
    • Wills & Trusts, Estate & Tax Planning
    • Worker's Compensation
  • About Our Firm
  • Our Attorneys
    • David W. Birnbaum
    • Michael W. Cassidy
    • Thomas M. Guinan
    • Bruce D. Hess
    • John R. Howland
    • Dennis R. Meakim
    • George P. O'Connell
    • Richard I. Torpey
    • Remembering Robert G. Hess
    • Our Personnel
  • Client Resources
    • Blog
    • News & Events
  • Contact Us

Parental Liability: Think Twice before Hosting Your Child’s Next Party

10/23/2015

0 Comments

 
Picture

A common concern faced by parents of many high-school aged children is the potential for legal liability (both criminal and civil) for underage drinking in their homes. Whether it is your child or his or her friends, if they are underage, it is indeed illegal in Pennsylvania for a parent to knowingly give and allow them to drink alcohol. A common reaction from parents to this fact is that they believe, perhaps accurately, that it is safer to allow their child and his or her friends to drink at home under their control as opposed to an unsupervised session elsewhere. Regardless of whether or not this belief is accurate, you should know the legal consequences of rolling the dice in such a manner.

As explained by the Pennsylvania Liquor Control Board, it is a crime to sell or give alcohol to anyone under 21, even if they are your own kids. Therefore, if you are caught giving or selling alcohol to anyone under the age of 21, you have committed a crime. Adults charged under this law face graduated punishments. The first violation carries, in addition to a minimum fine of $1,000, possibly 6 months in the county jail. After the first violation, subsequent violations carry a minimum fine of $2,500 and possibly 6 months in the county jail. This is a misdemeanor of the third degree.



From a civil liability standpoint, it is also important to take into consideration the potential for being sued as a result of your decision to bring the underage party home. Pennsylvania law permits recovery of damages from a host who knowingly serves alcohol to the point of intoxication to a person under 21 years of age where someone is subsequently injured as a result of the intoxicated person’s negligence.




As explained above, there is potential for both civil and criminal punishments for parents who knowingly serve alcohol to a minor. However, the determination of liability in both contexts is generally one which is fact-specific and can vary based on the circumstances of your case. If you are a parent involved in a legal matter stemming from underage drinking in your home, it is important you are prepared. Michael Cassidy and the legal team at Howland, Hess, Guinan, Torpey, Cassidy and O’Connell LLP are available to explain and defend your rights today.

Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site.

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Categories

    All
    About Howland Hess O'Connell
    About Us
    Accelerated Rehabilitative Disposition
    Act 33
    Age
    Anti-Texting Law
    Arbitration
    ARD
    Ban The Box
    Business
    Business Entity Sued
    Business Law
    Civil
    Color
    Contract Law
    Contractor Subcontractor
    Corporate Law
    Criminal Defense
    Criminal Law
    Criminal Records
    Drowsy Driving
    DUI
    DUI Checkpoint
    DUI Crackdown
    Education Law
    Elder Law
    Employee
    Employer
    Employment Discrimination
    Employment Law
    Environmental Protection
    Estate Planning
    Expungement
    First Time Offender
    Howland Hess O'Connell
    Identity Theft
    Ignition Interlock System
    License Suspension
    Local News
    Motor Vehicle
    Motor Vehicle Accident
    National Origin
    Neighbor Disputes
    Operation Orange Squeeze
    Penndot
    Pennsylvania DUI
    Power Of Attorney
    Property Law
    Race
    Real Estate Transaction
    Religion
    Sealing
    Sex
    Social Security
    Social Security Disability
    SSDI
    Traffic Violation
    Underage Drinking
    Underage DUI
    Workers' Compensation

    RSS Feed

The law office of Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP is located in Huntingdon Valley, Southeastern Pennsylvania, and serves clients in Bucks County, Chester County, Delaware County, Montgomery County and Philadelphia County, including the towns of: Abington, Ambler, Blue Bell, Cheltenham, Conshohocken, Doylestown, Elkins Park, Glenside, Hatboro, Hilltown, Horsham, Huntingdon Valley, Jenkintown, King of Prussia, Lansdale Springfield, Montgomeryville, New Britain, Norristown, Plymouth Meeting, Upper Dublin, Upper Moreland, Warminster, Warrington and Willow Grove.

The attorneys at Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP also serve clients throughout Southern New Jersey including Atlantic County, Burlington County, Camden County, Cape May County, Cumberland County, Gloucester County, and Salem County.

Practice Areas

Business & Corporate Law
Commercial Litigation
Construction Law & Litigation​
Criminal Defense
D.U.I.
Elder Law
Estate Administration, Litigation and Will Contests
Family Law
License Suspension
Personal Injury
Real Estate, Zoning & Land Use
Wills & Trusts, Estate & Tax Planning
Worker's Compensation

Sitemap

Home
Practice Areas
About Our Firm
Our Attorneys
Resources
News & Events
Contact Us

Contact Us

Contact us Today!

Connect with Us

Our Attorneys

David W. Birnbaum
Michael W. Cassidy
Thomas M. Guinan
Bruce D. Hess
John R. Howland
Dennis R. Meakim
George P. O'Connell
Richard I. Torpey
Remembering Robert G. Hess

Find Us - Directions

Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP.
2444 Huntingdon Pike
Bethayres, PA 19006

Phone: 215-947-6240
Fax: 215-947-6254

info@howlandhess.com
Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP. All rights reserved. Review our disclaimer.
Powered by Toodles Creative Media