Texas Host Law Used in Teen Death
Posted on Oct 21, 2010 10:00am PDT
Audrey King, 17, died as a result of car accident after spending an evening drinking with friends. What's in question isn't whether Audrey or the driver of the vehicle she was in was drunk, but whether a rarely used law in Texas can be resurrected, as reported by the Dallas Morning News.
Bobby King, and his ex-wife, Cheryl King, have filed a lawsuit against the owners of the property where an underage drinking party took place shortly before their daughter's fatality.
The property is owned by former Texas Supreme Court Justice Tom Phillips and his wife Lyn.
In 2005 a law was passed in Texas that holds property owners liable for damages caused by intoxication - if they knowingly allowed alcohol to be served to a child under 18. A parent in Texas can, however, provide alcohol to his or her own children under 21.
Bobby King said, "I don't think anything will make it right. We filed suit to get the public aware of what's happened and what's going on. What I would actually like to see now is it go to court and get some notoriety."
Tom and Lyn Phillips are represented by Richard Mithoff, who says that the claim is "patently absurd." No criminal charges have been filed.
The Phillipses responded to the suit by stating that law enforcement officials have already concluded that the teenage driver of Audrey's car was at fault for the accident. They also blamed Audrey's as she failed to wear the automobile's restraining belt.
Mother's Against Drunk Driving claim that at least two dozen states have passed "social host liability laws." As bars have always been held accountable for overserving, minors and adults alike, have sought other venues where they can drink without restrictions.
Nicole Holt, executive director of the statewide nonprofit targeting substance abuse, Texans Standing Tall, said that social events are "The greatest access point, so we have to figure out then what strategy works for reducing that access point, and that's what a social host ordinance would do."
The underage drinkers at the Philipses backyard bought their alcohol supply at a convenience store that night - so the Phillipses are not charged in procuring - and the owner of the store is also being sued.
The suit alleges, however, that the Phillipses were well aware that minors were "getting drunk in their back yard."
Law enforcement investigations state that when the party grew too loud for Lyn Philips she ordered everyone to leave. The lawsuit alleges, "Mrs. Phillips addressed Daniel and the other kids at the party, there were empty beer cans and bottles, empty beer boxes, coolers and beer bongs strewn around the area. The kids had no choice but to drive under the influence."
Bobby King had this to add, "Kids that age, 16, 17, 18, 19, they do know right from wrong. But they're not going to put a lot of thought into that. If they have their friends saying 'let's go do this or that,' they're going to do it. It's common sense to me. If somebody comes to your house, you're responsible for them."
Mithoff contends that neither Phillips was aware of "any drinking by anyone."
If you have lost a loved one, or suffered an injury do to a neglectful host, contact a Personal Injury Lawyer in our directory to find out more about the laws governing your state from a qualified attorney.