Posted on: Friday, April 18, 2003

Adults who let teens drink would be liable under bill

By Lynda Arakawa and Gordon Y.K. Pang
Advertiser Capitol Bureau

Adults who provide alcohol to underage drinkers or allow them to drink at the adults' homes would be held liable if those minors become drunk and injure others, under a bill sent to the governor yesterday.

The Senate approved the House's version of Senate Bill 1234 on final reading, sending the measure to Gov. Linda Lingle.

Lingle's press secretary, Russell Pang, said the governor would have to review the bill before deciding whether to sign it into law.

Lt. Gov. James "Duke" Aiona testified earlier in favor of a similar measure, saying it will give adults "second thoughts as to how they interact with our young people and what kind of role models they should be."

Bars, restaurants and retailers that sell liquor already can be held liable for injuries caused by their drunken customers. The bill expands liability to private citizens who provide alcohol to minors.

Under the legislation, someone injured by an intoxicated person under 21 would be able to collect compensation from the adult who provided or purchased alcohol for the young person. The measure also makes adults responsible in instances when they knew underage people were drinking on their property and could have prevented it.

In addition, the bill makes clear that adults are prohibited from providing alcohol to people under 21. Current law only prohibits adults from buying alcohol for minors.

Supporters of the bill said such a law would make parents and other adults more careful about underage drinking at their homes as well as prevent injuries and deaths caused by minors who drive while drunk.

MADD-Hawai'i Youth In Action said surveys among young people show the most common sources of alcohol are the person's home or from adults who purchase alcohol for them. The organization also said an analysis of all 50 states shows a link between civil liability laws and reductions in drunken driving and heavy drinking among young people.

The Hawai'i Supreme Court imposed the liability on commercial establishments in a landmark 1981 case but rejected the issue of "social host liability" in 1990. The case involved a woman seriously injured by a traffic accident in which another driver had been drinking at two parties. A lawsuit filed in behalf of the injured woman argued the parties' hosts should be held accountable.

In its 1990 ruling, the court said the issue of expanding liability to private citizens who provide alcohol should be left to the Legislature.

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or at 525-8070.