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Repercussions from Recklessness. Question: When accidents occur relating to the use of alcohol by minors, to what extent of the law should the provider.

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Presentation on theme: "Repercussions from Recklessness. Question: When accidents occur relating to the use of alcohol by minors, to what extent of the law should the provider."— Presentation transcript:

1 Repercussions from Recklessness

2 Question: When accidents occur relating to the use of alcohol by minors, to what extent of the law should the provider be held responsible?

3 Case: Foley v. Welby

4 FACTS OF THE CASE At the time of the accident, Danny Foley was sixteen and had finished up his sophomore year in high school. Paul Welby was a rising senior who was seventeen. The friends were going to meet to have dinner at Paul’s house before going to a party.

5 Foley v. Welby Danny FoleyPaul Welby

6 FACTS OF THE CASE Paul’s father, Edward Welby bought champagne to celebrate his work promotion. Four different bottles were opened. {Mr. and Mrs. Welby}

7 FACTS OF THE CASE Edward allowed the boys to drink multiple glasses of champagne. Danny and Paul downed glasses of champagne when the adults were not looking, and had even more when Paul’s parents left to celebrate further at a bar. Paul and Danny decided to go ahead and take the family car to the party, because Paul's parents had said earlier that week that he could borrow it. The Welby adults forgot about the plans because they were too drunk themselves to remember.

8 FACTS OF THE CASE Paul drove 78 mph on the highway. He was weaving in and out of traffic so a state trooper started follow his car. Paul panicked and hit a telephone pole, totaling his car.

9 FACTS OF THE CASE Paul received a concussion, with a few cuts and bruises. Danny sustained a broken spine, and major head injuries. He has also been in a coma.

10 Facts of the Case Summarized Champagne provided for the boys Paul- more than 6 drinks Danny- around 5 Drinks Dinner at the Welby’s Paul’s blood alcohol level was.14, the legal limit is 0 for minors in his state Danny sustained spinal and brain injuries Drinking While Driving Danny lives in a nursing home Danny’s family pays for his medical bills and is bankrupt Result

11 Laws Broken The Welby adults broke many of the any state laws. The Laws that are underlined are the ones that were violated. Subdivision 1Subdivision 2Subdivision 3Subdivision 4Any State USA Class 1 It is illegal to sell alcohol to minor on your property It is illegal to sell, give, or provide alcohol to anyone under 21. It is illegal for a minor to possess alcohol with the intent to drink it somewhere other than their property. It is illegal for a minor to operate a motor vehicle in a public place while intoxicated If a person over the age of 21 years old gives a minor alcohol, knowing their age, and damages occur, the adult is responsible Class 2 It is illegal for anyone under the age of 21 to drink alcohol It is illegal for anyone under 21 to buy or attempt to buy alcohol The penalty for the first offense is a suspension of the license and a fine of $700 Class 3 It is illegal to ask a person under the age of 21 to buy or provide alcohol The fines and punishment increase with each offense

12 Rule of Law Jones v. Anytown Raceway- To receive legal compensation, the plaintiff must show that the defendant had a responsibility they did not meet. You must prove negligence. Berry v. Enever - It must be shown to the court that there were damages caused by the defendant Lu v. Lopez - An accident I considered foreseeable if a person of ordinary intelligence could see that an accident was possible. White v. Forrest – Parents have the responsibility to control minors if their parent is not present Black v. Ross Inc. – Whether a person has a responsibility to another person depends on the relationship between them and how clearly the danger or harm can be foreseen.

13 {Real Life Cases}

14 http://www.youtube. com/watch?v=XibRR 6Hs-gM

15 http://www.youtub e.com/watch?v=DL nM74mIZWY

16 Conclusion: Based on the facts of the case and rule of law, we are convinced that any violators of the pertaining regulations should suffer to the full extent of the law and should be punished and take full responsibility for the outcome of providing alcohol to minors.

17 Picture Links https://www.google.com/search?hl=en&site=imghp&tbm=isch&source=hp&biw=1536&bih=738 &q=happy+football+player&oq=happy+football+player&gs_l=img.3..0.1944.7522.0.7763.16.9.1. 6.7.0.152.867.8j1.9.0...0.0...1ac.1.7.img.o5L8NT4ecHU#imgrc=MemzOi3zL56BvM%3A%3B4Tez llDFpQOmZM%3Bhttp%253A%252F%252Fmedia.nj.com%252Ftimes- sports%252Fphoto%252F11604086- large.jpg%3Bhttp%253A%252F%252Fwww.nj.com%252Ftimes- sports%252Findex.ssf%252F2012%252F09%252Fnieves_trenton_high_football_o.html%3B380 %3B542 https://www.google.com/search?hl=en&site=imghp&tbm=isch&source=hp&biw=1536&bih=738 &q=happy+football+player&oq=happy+football+player&gs_l=img.3..0.1944.7522.0.7763.16.9.1. 6.7.0.152.867.8j1.9.0...0.0...1ac.1.7.img.o5L8NT4ecHU#hl=en&site=imghp&tbm=isch&sa=1&q= high+school+student&oq=high+school+student&gs_l=img.3..0l10.126173.132545.0.132723.22.1 6.1.5.6.0.205.1596.14j1j1.16.0...0.0...1c.1.7.img.uSKgt_g6DWg&bav=on.2,or.r_cp.r_qf.&bvm=bv.44011176,d.aWc&fp=8a29cc81b103d9e6&biw=1536&bih=738&imgrc=y31PPdjBj- _SbM%3A%3B- ACMVr1_2EAQaM%3Bhttp%253A%252F%252Fwww.fastweb.com%252Fuploads%252Farticle_ photo%252Fphoto%252F2241%252Fcrop380w_istock_000001487962xsmall-male-high-school- student.jpg%3Bhttp%253A%252F%252Fwww.fastweb.com%252Fstudent- life%252Farticles%252F369-the-hard-reality-of-being-a-high-school-senior%3B380%3B250


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