Happy Holidays

No matter what holiday you celebrate -- and this time of year has a plethora of them -- the holidays mean family get-togethers, celebrations, good times catching up with good friends, and parties -- lots of them. And parties mean plenty of food, laughter, and beverages of all kinds. 

During the holidays it's time to be especially careful when entertaining, and especially careful in New England where we have more seasonal hazards like ice, snow, sleet, cold.  And while 'tis the season to be jolly, when it comes to alcoholic beverages, they need to be handled and served with care.

So allow me to get right to the point right out of the gate. YOU CAN BE SUED as a homeowner, business owner, or tenant. Anyone who provides alcoholic beverages has enormous responsibility and risk.

Yes, even as a homeowner entertaining a few friends or relatives can unwittingly create danger. Friend and family over-indulging in alcoholic beverages can lead to serious consequences. Even as a social host you have responsibilities to your guests and to the general public.

Below you will find a few tips that may help. In fact, just being aware of these is a good starting point.

Have fun, be safe…

As a party host, you probably don't want to think about your potential liquor liability. But it's something you'll want to consider as your party planning gets under way this holiday season.

That’s because most states hold party hosts who offer excessive alcohol to their guests responsible for those guests' actions behind the wheel (or for serving alcohol to minors). In those states, anyone injured by a drunk driver has the right to sue the host of the party who served the alcohol. Sometimes, criminal charges may even apply.

A 2017 jury verdict shows just what can happen -- $3.5 million jury verdict last year against a family serving alcohol to teenagers (this could have been adults as well). A young female guest left with a male guest who was obviously drunk. The boy caused a terrible accident that left the girl with brain damage.

Here is how you can help and prevent a tragedy:

·      Limit guests to people you actually know -- and seriously consider cutting from your list anyone who habitually overindulges.

·      Encourage your guests to choose a designated driver before they arrive.

·      Serve plenty of nonalcoholic drinks and food to help counter the effects of the alcohol.

·      Have activities like dancing or games going on that don't involve alcohol.

·      Stop serving alcohol well before the party ends.

·     Offer to call a cab or be the designated driver for anyone who appears intoxicated.

Have a happy and safe holiday season. And remember: "The best insurance is prevention."

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Will Your Christmas Party Be Holiday Cheer or a Potential Lawsuit?

Most states have laws, which govern the operation of bars, taverns, restaurants or any other businesses who are required to have a liquor license in order to sell and serve liquor. State laws further define the responsibilities of these business owners for the actions of their customers who leave their place of business after having too much to drink. These businesses are encouraged to purchase a Liquor Liability Insurance Policy to provide protection for potential lawsuits due to property damage or bodily injury caused by an intoxicated customer. 

Many states extend liquor liability to any "social host" who continues to serve liquor to anyone who appears to have had too much to drink and will likely be driving home. So if you plan to have a company Christmas party where liquor or alcohol will be served, there are some precautions you may want to take:

• Contact your State Department of Insurance to see if current state law will hold you and your company liable for the actions of your party guests.
• Contact your business insurance agent to see if a Special Event Liquor Liability Policy is available in your state.

TIPs

• If possible, have the party at a location other than on company property.
• Don't make attendance mandatory or require employees to work if they don't attend; this makes it definitely a company event.
• It is best to hire an outside bartender, since an "open bar" allows members of management and employees to serve alcoholic drinks to other employees. The bartender should have enough training to recognize when someone has had too much to drink.
• Don't serve drinks at the table. Require everyone to come to the bar so the bartender can see them.
• Serve lots of food and non-alcoholic drinks.
• Have someone keep an eye on your guests, to recognize when someone has had too much alcohol.
• Keep an eye on everyone as they leave the party to determine whether or not they are sober enough to drive.
• Make arrangements for transportation for those who shouldn't get behind the wheel of a vehicle.

You may even want to consider an "alcohol free" Christmas party. You will just have to weigh the advantage of alcohol over the potential for workers comp claims or lawsuits due to sexual harassment, property damage or bodily injury which might result from the actions of an intoxicated party guest or employee.

Will Your Party Be Holiday Cheer or a Potential Lawsuit?

Most states have laws that govern the operation of bars, taverns, restaurants or any other business that is required to have a liquor license in order to sell and serve liquor. State laws further define the responsibilities of these business owners for the actions of their customers who leave their place of business after having too much to drink. These businesses are encouraged to purchase a Liquor Liability Insurance Policy to provide protection for potential lawsuits due to property damage or bodily injury caused by an intoxicated customer.

 

However, even you as a homeowner have the same exposures.
Many states extend liquor liability to any “social host” who continues to serve liquor to anyone who appears to have had too much to drink and will likely be driving home. So take these tips to heart:

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If possible, have the party at a location other than your home.

¨
Serve lots of food and non-alcoholic drinks.

¨
Have someone keep an eye on your guests, to recognize when someone has had too much alcohol.

¨
Keep an eye on everyone as they leave the party to determine whether or not they are sober enough to drive.

¨
Make arrangements for transportation for those who shouldn’t get behind the wheel of a vehicle.

You may even want to consider an "alcohol free"
Christmas party. You will just have to weigh the advantage of alcohol over the potential for lawsuits due to bodily injury that might result from the actions of an intoxicated party guest.