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DID YOU KNOW . . .
An Arizona appellate court ruled in 1995 that the Delta Tau Delta national fraternity could be included in a lawsuit stemming from a fatal drunken-driving crash in Tucson. The ruling was the first time a court said national fraternities are responsible for drinking at their local chapters, Tucson attorney Bill Risner, representing the victim's family, said at the time.
In the August 1988 crash, a car driven by Ruben A. Hernandez collided with a car driven by John Earl Rayner, then a 20-year-old Delta Tau Delta member. Rayner, who had a blood-alcohol level of 0.15 percent, was headed home from a party celebrating the end of the fraternity's rush week. Hernandez, whose blood-alcohol level was 0.10 percent, died of his injuries in 1990.
Source: Star archives
"The person who hits you and bears responsibility you can probably bet doesn't have insurance or enough insurance, so you have to use your own insurance. The message I would continue to advocate is 'know what insurance you have before there's an accident.'"
Marc Lamber, Phoenix attorney with Fennemore Craig

Tucson Region

New Year's Eve party hosts are urged to heed law

By Eric Swedlund
arizona daily star
Tucson, Arizona | Published: 12.30.2007
Hosting a New Year's Eve party is about more than the midnight countdown.
To keep celebrations from leading to accidents, hosts should take precautions to keep their guests safe and protect themselves from liability, say attorneys who offer simple recommendations on party planning.
Overindulgence with alcohol can be the biggest problem, and, as a "social host," a party thrower can be held accountable if his or her guests cause damage.
"Thanks to one of my cases, there is social-host liability for underage drinkers," said Tucson attorney Bill Risner, who represented the family of a man who died in a 1988 drunken-driving crash. The case ended with a national fraternity being held financially accountable for the crash, which happened after a party at its University of Arizona chapter.
"If someone permits their kids to get their friends over and get a keg or whatever, it's like handing them all a blank check for any resulting damages," Risner said.
Party hosts who keep themselves safe on New Year's Eve should extend those same safety measures to guests, Risner said.
"There in fact is potential responsibility for a party host with an of-age guest. If you know they're inebriated and permit them to get their keys and leave, you're running a risk," Risner said.
The Arizona statute that addresses "social hosts" says that as a general rule, a host isn't responsible for damages resulting from serving alcohol to a person of legal drinking age, but serving to minors can result in liability, said Marc Lamber, a Phoenix attorney with Fennemore Craig.
Lamber said there are several ways to keep party guests from driving away drunk.
Hosts should stop serving alcohol at least one hour before people leave, avoid serving any alcohol to people under 21, and offer rides or arrange other transportation for guests. And if they decide to take a guest's keys, stick to it.
Lending a car to family members can also bring about legal responsibility under the "family-purpose doctrine," said Lamber, who chairs the personal-injury practice at Fennemore Craig. The doctrine states that the owner of a vehicle is liable for damages to others incurred while family members are driving the vehicle.
With the likelihood of drunken drivers being on the roads, good advice for everybody is to know the details of his or her insurance policy and consider buying underinsured-motorist and uninsured-motorist coverage.
"The person who hits you and bears responsibility you can probably bet doesn't have insurance or enough insurance, so you have to turn to your own insurance," Lamber said. "The message I would continue to advocate is, 'Know what insurance you have before there's an accident.' "
● Contact reporter Eric Swedlund at 573-4115 or at eswedlund@azstarnet.com.
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