No Civil Immunity For Serving Alcohol.

At common law, the rule was that the consumption of alcohol, not the service of alcohol, was the proximate cause of any resulting injury. In 1976, the California Supreme court in Vesely v. Sager (1971) 5 Cal.3d 153, [486 P.2d 151, 95 Cal.Rptr. 623] (Superseded by statute), held that sellers or furnishers of alcoholic beverages could be liable for injuries proximately caused by those who imbibed. Shortly thereafter, in 1978, the California Legislature largely reinstated the common law [Business and Professions Code section 25602, subdivision (c); Civil Code section 1714, subdivision (b)], in essence creating civil immunity for sellers and furnishers of alcohol in most situations. But the Legislature created some narrow exceptions when it enacted Business and Professions Code section 25602.1, and the California Supreme Court found one of those exceptions applied in the instant case, the exception being that one who sells alcoholic beverages to an obviously intoxicated minor loses his or her civil immunity and can be liable for resulting injuries or death. Here, defendant hosted a party at a vacant rental residence owned by her parents, without their consent. The party was publicized by word of mouth, telephone and text messaging, resulting in attendance of 40 to 60 people, the vast majority of them under 21 years of age. An admission fee of $3 to $5 per person was charged. One guest was visibly intoxicated upon arrival. Guests reported seeing him drink more at the party. He became aggressive and obnoxious and other guests escorted him outside. As he was driving away, he ran over and killed another guest. In reversing the grant of summary judgment in favor of defendant, the California Supreme Court stated: “We conclude the pleaded facts, which allege defendant charged an entrance fee to some guests (including the minor who caused the death), payment of which entitled guests to drink the provided alcoholic beverages, raise a triable issue of fact whether defendant sold alcoholic beverages, or caused them to be sold, within the meaning of section 25602.1, rendering her potentially liable under the terms of that statute as a person who sold alcohol to an obviously intoxicated minor.”  (Ennabe v. Manosa (Cal. Sup. Ct.; February 24, 2014) 58 Cal.4th 697, [319 P.3d 201, 168 Cal.Rptr.3d 440].)