California law makes it a crime to furnish alcohol to someone under 21 years of age if that minor consumes the alcohol and as a result causes great bodily injury or death to himself or another person.  (Business & Professions Code section 25658.)  However, California law has prohibited lawsuits against social hosts if intoxicated guests, including minors, harm themselves or others.  (Civil Code section 1714(c).)  This is because the legislature determined that it is the consumption of alcohol, rather than the furnishing of alcohol, that is the legal cause of injuries resulting from intoxication.

Governor Schwarzenegger signed a bill on August 18 that would create an exception to this “social host immunity” when children are provided alcohol.  AB 2486 now amends section 1714 to allow lawsuits against any adult who furnishes alcohol to someone under age 21 at the adult’s residence, if the minor causes property damage, injury, or death as a result of consuming that alcohol.

Under this new law, the unintended consequences of furnishing alcohol to a minor could lead to extremely costly civil judgments, in addition to incarceration and other criminal penalties.