Did You Know That You Can Be Liable For The Injuries Of Your Guests If You Host A Holiday Party. Chance Favors The Prepared Mind.
As an experienced Pennsylvania Dram Shop and premises liability lawyer practicing since 1979, I am all too familiar with a fact with which many of my readers may not be aware. Mainly that if you host a holiday party at your home, you can be held liable for injuries sustained by your guests if they hit the road while intoxicated and cause an injury to themselves or others. Louis Paster was quoted as saying that chance favors the prepared mind.
According to a new survey on homeowner’s insurance by The Independent Insurance Agents and Brokers of America, many homeowners are unaware of the risks that they may be taking or of their own responsibilities to insure that their guests don’t hit the road drunk. Additional risks of a homeowner to watch out for are defects on the property where someone may slip and fall, including uneven carpets or uneven flooring surfaces, ice or snow on the entrance way that has not been shoveled, food poisoning from prepared or catered food, as well as many other situations that the average homeowner may not think of.
Many courts have held that the host of a party can be held liable for damages caused by their party guests who have consumed alcohol on their premises and then drive motor vehicles. Many states have also enacted statutes interpreted as mandating non-commercial social host liability. If a party is injured in a car accident as a result of alcohol consumption at your party and can be linked to you, you may be held responsible for the payment of medical bills, lost wages, compensatory damages, and potential claims for wrongful death and even punitive damages. It is important that you check your homeowners or renters insurance policy to make sure that you have proper insurance coverage for when you have a party and understand all of your risks. I also recommend that my clients consider an excess or umbrella policy with a minimum of $1 million dollars additional coverage over the limit of a standard or homeowners policy to cover them in the event of an unforeseen or catastrophic loss. Unfortunately, I have seen too many situations where today’s best party guest is tomorrow’s worst courtroom enemy. In fact, I hate to admit it, but I was personally sued by a guest at one of my parties 20 years ago who I considered to be a good friend. This guest sustained minimal damages but was looking to take the yellow brick road to easy riches with a trumped up claim.
Please consider the following tips to prevent your holiday parties from getting out of hand and to protect yourself.
1. Limit your guest list to those you know and have a check-in.
2. Host your party at a restaurant or bar that has a liquor license rather than your home.
3. Offer alternative non-alcoholic beverages.
4. Arrange transportation or overnight accommodations for those who cannot drive home and always follow the designated driver rule.
5. Never serve guests who are visibly intoxicated.
6. Consider hiring a security guard or off-duty police officer to discretely monitor the guests’ activities and sobriety level.
7. Stay alert and remember your responsibilities as host.
8. Call your insurance agent and check your insurance policy to make sure you are properly covered.
The catastrophic injury lawyers at Reiff & Bily are always available for a free legal consultation at 1-800-421-9595 or online at www.reiffandbily.com.
