NCJ Number
162877
Journal
Journal of Juvenile Law Volume: 16 Dated: (1995) Pages: 229-241
Date Published
1995
Length
13 pages
Annotation
Court decisions in four cases involving minors and alcohol are described.
Abstract
In Bzdek by Bzdek v. Townley, the court ruled that, where minors consume alcohol obtained at a social gathering hosted by adults, leave the residence in an intoxicated condition, and are subsequently injured, liability may be imposed on the hosts under the social host doctrine. In Kapres v. Heller, the court ruling stated that liability under the theory of social host liability will not be imposed where a minor host serves alcoholic beverages to minors. In Provigo v. Alcoholic Beverage Control Appeals Board the court ruled that the use of underage decoys to enforce liquor laws does not constitute outrageous behavior, the use of such decoys by local law enforcement agencies does not amount to entrapment, and does not violate a vendor's right to due process, but rather supports the intent of the California code proscribing the sale of alcohol to persons under the age of 21. Finally, the court ruled in Reyes v. Kuboyama that a breach of tort duty by a liquor licensee toward innocent third parties occurs when the innocent third parties are injured as a result of the licensee's illegal sale of liquor to a minor, and the injuries were or should have been reasonably foreseeable to the licensee, even if caused by a minor other than the minor to whom the sale was made. Footnotes