if my son is in college and next year is moving off campus with 9 other students, is there is any way he can he protect himself from liability if/when there are parties with underage drinking?
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if my son is in college and next year is moving off campus with 9 other students, is there is any way he can he protect himself from liability if/when there are parties with underage drinking?
He is 20 and will turn 21 during his junior year. Even if he personally refuses to serve minors, there is no way he can control the behavior of his 9 roommates in a party situation. Will he be liable just by being there/living there? Would liability fall on those that buy and serve the alcohol?
Asked on April 18, 2013 under Personal Injury, Wisconsin
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
This is a bad situation waiting to happen. As a co-tenant of this property, he is equally responsible for the goings on and dangers therein. Therefore, even if he was not there or was there but did not provide or serve alcohol to minors, it would be very difficult and expensive to a) prove his innonence and b) get this matter expunged from his record.
The best approach is to sit down as a family with the local prosecutor's office and see if that office could provide you information on possible outcomes. The bottom line is you do not want your son to be in a position to have to fight to clear his record and not impact his schooling.
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