Can I be legally liable for injury to a person that passed out and is now in the hospital at my underage friend’s party?

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Can I be legally liable for injury to a person that passed out and is now in the hospital at my underage friend’s party?

My friend decided to have a party when he found out his parents were not going to be home. He needed some help to set up, so he asked me and my other friends to set up beforehand. When the party started, a kid came to the party and was already really drunk and didn’t even drink at the party. He eventually ended up in the hospital, and no one knows if he’s okay or not. Since my friends and I helped set up the party, would that make us legally liable for this kid if some threatening injury happens to him? Can we get charged with anything?

Asked on August 25, 2012 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

From what you have written about, you and others used "poor judgment" with the use of alcohol where some person ended up hospitalized who attended your "event". Possibly you could be charged with numerous criminal offenses such as illegally providing alcohol to a minor, contributing to the delinquency of a minor, and the like.

There is also the possibility of a civil lawsuit against you and others. I suggest that you speak with your parents about what happened and consult with a criminal defense attorney as a form of "damage control".


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