Lawsuit for supplying alcohol

[walker8891]

My son, who is 20 y/o, was supplied alcohol by his friend who is 21(legal drinking age). As a result they were in an injury auto accident. Can my son sue for damages (loss of vehicle, OWI, loss of job, and civil suits by his 21 y/o friend, and occupants from other vehicle). I know that he is responsible for his actions, but the 21 y/o, who supplied the alcohol is now suing him for his injuries. Is there any legal recourse for him?

 

[tpajet]

You Son needs a lawyer. The quesiton I have is who was driving? I'm taking it that your Son was, given that he is being sued.

Here's the problem. The firend might have provided the booze, and that is wrong, and maybe even enough for a counter suit, but, your Son is an adult, and should not have consumed the alcohol. So even if it was provided to him, he was in the wrong for drinking it, and if he caused the crash, it's really doesn't matter who gave it to him, it's still a DUI.

I would say that the friend is liable for providing the alcohol, but it won't get your Son off the hook.

 

[walker8891]

Thank you for your response.

First let me say that I agree, my son is 100% responsible for his actions and he needs to pay the consequences. The reason for the post is the friend, who was the passenger, in my sons car is suing him for injuries which he sustained. I think that his friend is culpable as well because he supplied the alcohol knowing that my son would drive later in the evening.

I am not a litigious type of person and I think its ludicrous that my son's friend is going to get money for poor judgment and mistakes on his part.

My personal opinion is that none of the people involved in the accident should profit from injuries (the other driver had a higher BAC level than my son did). Everybody was at fault, but our system will allow them to profit from poor judgments.

 

[BayState]

Thank you for your response.

First let me say that I agree, my son is 100% responsible for his actions and he needs to pay the consequences. The reason for the post is the friend, who was the passenger, in my sons car is suing him for injuries which he sustained. I think that his friend is culpable as well because he supplied the alcohol knowing that my son would drive later in the evening.

I am not a litigious type of person and I think its ludicrous that my son's friend is going to get money for poor judgment and mistakes on his part.

My personal opinion is that none of the people involved in the accident should profit from injuries (the other driver had a higher BAC level than my son did). Everybody was at fault, but our system will allow them to profit from poor judgments.

Your son is liable for the out of pocket expenses that the friend accrued. I highly doubt a Judge or Jury will award pain and suffering to be awarded.

 

[CdwJava]

In short, anyone can sue anyone for anything. Making a claim and filing a suit is relatively easy ... winning is a whole other ball of wax. A jury will likely find both of them shared some measure of culpability - the 21 year old for supplying the alcohol and then getting in the car driven by his inebriated 20 year old friend, and the 20 year old for driving impaired and getting into a crash that caused the injury. Whether a jury will find them equally liable or weight it in some way is something none of us can know.


- Carl

 

[dee_dub]

Your first post sounds like you/your son want to sue the friend for supplying alcohol, causing the injury to your son. Your second post sounds like you/your son want to defend the friend's lawsuit against your son on the basis of contributory negligence. You can do both. If your son is already being sued, he can countersue. A judge/jury will sort out everybody's injuries and allocate responsibility.

My personal opinion is that none of the people involved in the accident should profit from injuries (the other driver had a higher BAC level than my son did). Everybody was at fault, but our system will allow them to profit from poor judgments.

They're not profiting from their injuries; if they get any damages, they're awarded compensation for their expenses, lost income, pain and suffering, etc. Unless there's punitive damages involved. Nor is he getting money "for his poor judgment" - if anything, his poor judgment will mitigate the award he would have received.

Regarding this:

Your son is liable for the out of pocket expenses that the friend accrued. I highly doubt a Judge or Jury will award pain and suffering to be awarded.

I'm surprised to hear that. In Canada, once liability is established, the tortfeasor is liable for both general and special (or pecuniary and non-pecuniary) damages. Contributory negligence might result in a percentage reduction, but would not result in a whole head of damage being unavailable.

 

[walker8891]

Thank you for your replies.