1 / 22

SOCIAL HOST ORDINANCES: DO THEY IMPACT LIABILITY CLAIMS?

SOCIAL HOST ORDINANCES: DO THEY IMPACT LIABILITY CLAIMS?. Michael M. Skram Johnson & Condon, P.A. 7401 Metro Blvd, Suite 600 Minneapolis, MN 55439 952-806-0457 mmskram@Johnson-Condon.com. $916,000,000. Impact of Underage Drinkers*. $155. 87.3%.

alanna
Download Presentation

SOCIAL HOST ORDINANCES: DO THEY IMPACT LIABILITY CLAIMS?

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. SOCIAL HOST ORDINANCES: DO THEY IMPACT LIABILITY CLAIMS? Michael M. Skram Johnson & Condon, P.A. 7401 Metro Blvd, Suite 600 Minneapolis, MN 55439 952-806-0457 mmskram@Johnson-Condon.com

  2. $916,000,000

  3. Impact of Underage Drinkers* $155 87.3% * “Societal Costs of Underage Drinking,” Journal of Studies on Alcohol (2006)

  4. Who Is Paying These Costs? : $916M $198M

  5. Minnesota Cost Breakdown: $916M 205.4 64.4 44.5 44.2 8.4

  6. Teen Self-Reported Alcohol Use % Minnesota Department of Education (2004 Survey) 40 46 63 66 7 6 26 18 16 26 37 26

  7. Minnesota: Among Highest Teen Binge Drinking States In The U.S.U.S. Dept. Health & Human Services (2005-2006 Study)

  8. Where? In The Home! 83.7% Consumed Alcohol In A Personal Residence

  9. St. Paul: Lack of Enforcement

  10. Strict Liability v. Negligence

  11. Negligence Standard Wins Out St. Paul Prohibited Act: • Also: • Conspiracy Theory • Need Not Be Present

  12. Exceptions to Liability

  13. St. Paul v. Minneapolis • Minneapolis Prohibited Act: • Also: • Conspiracy Theory • Need Not Be Present

  14. St. Paul v. Minneapolis

  15. Civil Social Host Liability

  16. Civil Social Host Liability Minn. Stat. § 340A.801 Subd. 6

  17. Social Host Liability Act

  18. Insurance Policy Exclusions

  19. Statutes v. Ordinances

  20. Ordinances: Impact on Civil Claims

  21. What’s The Takeaway? • Strong Public Policy Support • Interesting Debate • Criminal Penalties Only • Civil Damages Act: • §340A.801 Subd. 6 / §340A.90 • Overlap in Civil Liquor Liability Claims

  22. SOCIAL HOST ORDINANCES: DO THEY IMPACT LIABILITY CLAIMS? Michael M. Skram Johnson & Condon, P.A. 7401 Metro Blvd, Suite 600 Minneapolis, MN 55439 952-806-0457 mmskram@Johnson-Condon.com

More Related