servingalcohol.com

By Marie Rohde

Posted: March 26, 2008

A couple who were aware that teenagers were drinking alcoholic beverages on their property and did not stop it cannot be sued for civil damages after a guest later became involved in an accident, the Wisconsin Supreme Court ruled in a decision issued Tuesday.

State law holds that “social hosts” are responsible for injuries caused by their procuring, furnishing or dispensing alcohol to teenagers at a party, but they cannot be sued under common-law negligence simply because they own the property where a party occurs, the court noted. A decision to extend liability to cover situations such as this one is the job of the Legislature and not the court, Justice N. Patrick Crooks wrote in the unanimous decision.

According to court records:

Shannon, Lee, Brooke and Brittney Nichols were injured on Highway J in Columbia County on June 5, 2004, when their car was struck by one driven by Beth Carr, who had crossed the centerline.

Carr had been at a party June 4 that went into the early morning hours the day of the accident. The party was attended by a large number of underage drinkers. The Nichols family contended that the property owners, Edward and Julie Niesen, had a duty to supervise and monitor the party.

The lawsuit was against the company that provided homeowner’s insurance for the Niesens. The claim was dismissed by Columbia County Circuit Judge Richard L. Rehm. The Court of Appeals found that state law did not provide for a claim based on civil liability but ruled that the Nichols family could sue on common-law negligence. The high court decision overturns that portion of the appellate ruling.

The Niesens did not provide alcohol for the party and were not aware that the girl involved in the accident had been drinking at their home or that she was too intoxicated to drive, the court noted.

Allowing a lawsuit on common-law negligence claim would open the door to all sorts of other cases, the court noted. It could, for example, allow lawsuits against parents unaware of underage drinking parties occurring when they are not home, the high court found.

In a concurring opinion, Chief Justice Shirley Abrahamson wrote that the appeals court gave short shrift to a state misdemeanor law that prohibits an adult from knowingly permitting or failing to take action when alcohol was served to minors on their property. That law could result in the property owners being ticketed for the offense.

Learn more about Wisconsin Alcohol Laws by taking our online Wisconsin Bartender License Course.

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