The Perils of Spring Break

Some college student’s spring breaks have come and gone. For some, it’s just around the corner. The safety of spring break drinkingchildren during a spring break trip is a concern for many parents. Spring breakers are basking in the freedom of vacation away from parents and there seems to be a never-ending flow of alcohol. This combination can be injurious and deadly. With four college aged grandchildren, I share that concern. Being injured in a strange place, away from home and the comfort and care of parents can be frightening for a young adult. Here is some information I found regarding spring break safety that you can pass on to your children.

Over-service of alcohol: This is a huge. When college aged students go on a spring break trip, you know alcohol will more than likely be consumed – and a lot of it. Most states have dram shop laws, which allow licensed establishments such as restaurants, bars, and liquor stores to be held liable for selling or serving alcohol to individuals who cause injuries or death as a result of their intoxication.

Social host liability: Similar to dram shop laws, if an adult hosts a parties and alcohol is consumed by minors and as a result, injury or death occur, the host of the party may be held responsible. Injuries in the case of social host and dram shop laws don’t have to be traffic related. This also includes acts of violence.

Traffic accidents: Between the last week of February and the first week of April, a considerably higher number of traffic fatalities occur in popular spring break destinations compared to other locations in the same states and at other times of the year. Sometimes, it’s as dangerous to walk home. With an elevated amount of negligent driving this time of year, there is also risk of getting struck by a car as a pedestrian. It’s best to leave the car behind, stay off your feet and hail a cab or use Uber or Lyft for a safe ride back to the hotel.

Alcohol related injuries: Binge drinking can come with a price. We’ve all read stories about young adults dying from alcohol poisoning. Drinking too much can also turn any normal activity into a dangerous one, such as a boating, swimming, sitting in a hot tub or standing on a balcony.  Also, binge drinking has also resulted in a number of sexual assaults.

What is the best way to protect your child? If your child is going on a spring break trip, make sure you educate them on the dangers of binge drinking. Tell them to stay in groups with people they know and never leave a party or bar with strangers. Ensure they understand the risks of drinking and driving or getting in the car with someone intoxicated. Perhaps even give them access to your Uber account for a free ride back to their hotel. The best course of action is to keep them from going on a spring break vacation. Of course, that is easier said than done.

Liquor licensee risks with New Years alcohol sales

The new year begins at the end of this week, and many people will be out reveling and ringing it in. Some may stay alcoholat home, but other will have a night out on then town. Those celebrating are not the only ones that need to be careful. If you are a bar or restaurant owner, bartender, or server, be vigilant when serving alcohol. You can be liable of you serve a minor or over-serve an overtly drunk individual. Under dram shop law, bar owners, servers, and retail stores can be held liable if they sell alcohol to a minor or someone who is already drunk, and that person in turn injures or kills a third party due to driving drunk or other by other means (such as assaults).  If the wounded party provides evidence that the serving or selling of the alcohol was the proximate cause of their injuries, they may be entitled to compensation.

Dram Shop law were put into place to protect the public from the irresponsible selling of alcohol to minors or discernibly intoxicated patrons.

Violations may include:
  • Selling alcohol to a minor
  • Over service of alcohol
  • Selling alcohol without checking ID
  • Selling alcohol without a license
  • Selling alcohol after hours
There are many ways to avoid becoming the defendant on the end of a dram shop claim.
  • If unsure about a patron’s age, check ID. This will prevent serving liquor to a minor.
  • Don’t be afraid to cut someone off. It’s not only a right, but a duty to stop serving a visibly intoxicated customer.drunk
  • Avoid overcrowding. Capacity is not just a number – overcrowding can lead to fights among other safety hazards.
  • Know the signs of intoxication. Not sure what they are? The State of Oregon Liquor Control Commission created a comprehensive list. View it here.
  • Don’t serve alcohol outside of legal sales hours. In Washington, liquor sales are allowed from 6 A.M. to 2 A.M. For more info, Wikipedia has a detailed list of liquor law by state.

Don’t think it can’t happen to you. I’ve helped many clients with dram shop claims. Whether in a car accident or assaulted by an intoxicated individual, I’ve proven liquor licensee liability.  Err on the side of caution when serving alcohol this weekend. You might save your business, your job, or even save a life.

Happy New Year to you.