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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%.

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SOCIAL HOST ORDINANCES: DO THEY IMPACT LIABILITY CLAIMS?

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  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

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