Attorney Marc L. Breakstone was interviewed by NBC Boston as part of its ongoing coverage of the Hi-Way Safety Systems holiday party and the subsequent deaths and injuries. At least three employees are now facing criminal charges, including one in an alleged high-speed drunk driving crash in Pembroke, which killed a teenage girl. A fourth employee was found dead in a Rockland motel in the subsequent hours.
The NBC Boston segment, which aired on January 8, 2020, focused on whether the party hosts may also face criminal charges under the Massachusetts social host law and civil lawsuits. The company reportedly hosted the party.
Breakstone is a Boston personal injury lawyer with over 30 years of experience representing victims of negligence. He said victims may able to file civil lawsuits in these serious cases.
“Key is the issue of control. If I control the service of alcohol in my home, and I have the ability to shut someone off and don’t, I could be liable.”
The Plymouth County District Attorney’s office and police now want to interview each party guest to learn more about the circumstances. In the wake of the crash, the Massachusetts Department of Transportation has announced Hi-Way Safety Systems can no longer bid on state contracts. Hi-Way Safety Systems has announced the employee who caused the Pembroke crash which killed a teenage girl and seriously injured another victim has been fired. He has been charged with one count of manslaughter while operating under the influence of alcohol, two counts of operating under the influence causing serious bodily injury and other offenses. He was ordered held without bail in Plymouth District Court.
Watch the NBC Boston segment.
Attorney David W. White was interviewed by Boston 25 News about the potential for social host liability lawsuits following the Hi-Way Safety Systems holiday party and fatal crash in Pembroke, Massachusetts. The driver in that crash is now facing numerous criminal charges related to a teen’s death and injuries to others at the scene, including manslaughter while operating under the influence of alcohol (OUI).
“Now in Massachusetts, that’s a very hard thing to prove,” he said. “You have to be able to show that the host knew or should have known that the guest was getting intoxicated. And it has to be their alcohol. So if a guest brings his or her own alcohol to the party, then there would not be any social host liability.”
Parts of his interview was broadcast last night and this morning. Follow the news website for ongoing coverage: https://www.boston25news.com/
About Breakstone, White & Gluck – Boston Personal Injury Lawyers
Breakstone, White & Gluck is one of the most respected personal injury law firms in Boston. Learn more about our attorneys and our results for clients. If you have been injured, contact us for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form.
During prom and graduation season, students should be enjoying their friends and last days of high school. But this time can turn painful if you or your teenager allow underage drinking in your home.
Breakstone, White & Gluck cares about the safety of teenagers on the road and offers these tips and reminders about the Massachusetts Social Host Law, M.G.L. c. 138, § 34.
“Very few parents realize just how much is at stake when they allow underage drinking in their home,” said Attorney David W. White of Breakstone, White & Gluck. “You may have to live with the painful knowledge that you contributed to a car accident which caused serious injury or death. Plus, you may have to serve jail time and could even lose your home to a lawsuit.”
Under the Social Host Law, it is a criminal offense for parents and teenagers to provide alcohol to anyone who is underage for consumption in their home. It is also illegal to allow a minor to bring alcohol from elsewhere to drink in your home.
You can also be charged if underage guests are drinking at other places you control, such as a hotel room, a vacation house, or a rental property.
If you are charged under the Massachusetts Social Host Law, you could face a fine up to $2,000, imprisonment for up to a year or both. You may also face a civil lawsuit. Your homeowner’s insurance policy may or may not cover the full amount.
You could also be held civilly liable if you provide your teen alcohol to drink at someone else’s home and they later injure someone while driving.
These Cases Really Do Happen
Teenagers and adults are charged criminally for violating the Social Host Law every year in Massachusetts. For example, in December 2015, a Saugus couple – two teachers – were sentenced to jail for hosting an August 2013 party at their home where teens were drinking. Police learned about the party when a 16-year-old became ill and had to be treated at a local hospital.
The two teachers – one an Everett High School teacher – were sentenced to 30 days in jail, with the balance suspended for two years. During that time, they must stay drug and alcohol free and perform 50 hours of community service.
There have been many other criminal cases in Massachusetts. There have also been civil cases.
Attorney David White provided legal commentary on one 2014 case for Fox 25 TV News. A 23-year-old man was ordered to pay $2 million to the parents of a Salem State College student who consumed alcohol at a party he hosted. She was killed in a car accident after she left, in a car driven by her boyfriend who had been also been drinking at the party. Read this coverage.
Here are a few safety tips for you and your teen:
Tell Your Teen There is Zero Tolerance for Underage Drinking. Tell your teen there is zero tolerance for violating the Social Host Law or any underage drinking. Explain what is at stake for them and your whole family.
Help Your Teenager Plan. Help your teenager develop a safe after-prom or graduation plan. Some high schools or community groups organize events as safe havens where there will be no alcohol.
Have Your Teen Commit to Safety. Ask your teen to sign a pledge not to drink or get in the car with others who have been drinking. Here is one pledge from Mothers Against Drunk Drivers (MADD). You can find others online or create your own.
Also, tell them they must always stick with the schedule when they are out with friends and call you beforehand about changes or unplanned stops.
Safety Code.Finally, have a safety code you can use with your teenager. If they call you during the evening, you can ask them if they feel safe or want to come home. That way you, as the parent, can take the blame for prohibiting any change of plans. Your teen can save face by “blaming” you and telling their friends they cannot go out this time.
About Breakstone, White & Gluck
The Boston personal injury attorneys at Breakstone, White & Gluck have over 100 years combined experience handling serious car accidents. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 671-723-7676 or use our contact form.
It is prom and graduation season, an important time for parents to speak to their teenagers about the dangers of drinking and driving. While the priority is on our children’s safety, parents also need to understand social host liability in Massachusetts if underage drinkers consume alcohol in their home.
It is well known that anyone under 21 who drinks alcohol in Massachusetts can be charged criminally, as can anyone who furnishes alcohol to a person under 21. But many people do not know that under the state’s social host responsibility law , there are serious consequences for parents who allow teens and their friends to consume alcohol in their homes. Parents may face imprisonment and fines under the law as well as civil penalties.
“The most important reason to follow this law is the safety of our children and other travelers on the road,” said Boston personal injury attorney Marc L. Breakstone, who has experience handling Massachusetts social host liability cases. “Even if the parents are not home and not aware of the illegal consumption of alcohol in their homes, they can still be criminally and civilly liable under this law.”
The Massachusetts social host law was back in the media this weekend when a mother and son were arrested following a large underage drinking party at their Cohasset home.
Police found 30 people at the Deep Run Road gathering. The mother was charged with furnishing alcohol to minors under the social host law, keeping a disorderly house and disturbing the peace. Her 18-year-old son was charged with furnishing alcohol to minors and being a minor in possession of alcohol.
The Massachusetts social host law was passed in 2000 after the 1996 death of a Marshfield teen. The teen had been drinking at a Cohasset graduation party and left with a blood alcohol limit of .19, crashing his car.
In that case, the homeowner was at the party but acquitted of providing alcohol to a minor. This was in part because underage guests helped themselves to unsupervised alcohol and were not offered drinks.
The social host law now holds Massachusetts homeowners and their teenagers more accountable. It is against the law to serve minors alcohol and allow them to consume it on any premises you control. The penalty is a fine up to $2,000, imprisonment for a year or both.
A person charged under the law can expect to face a civil lawsuit as well. If an underage guest leaves a party and causes a motor vehicle accident involving personal injury or death, both the underage guest and the party host may be liable.