The Christmas Party Lawsuit

It is definitely the season for Christmas parties, both at work and at home.  If you are the host of such a party, it should be common sense to watch out for anyone who might be over-indulging just a bit with the alcohol.  It is really difficult though, to tap your buddy on the shoulder (or your boss!) as they head for the door and suggest they find someone else to drive them home.  As we all know, however, you may just be saving someone’s life.

That being said, it is also important to realize that every year there are lawsuits in which someone wrecked their car on the way home and now wants to sue the party host for over-serving them.  Can they do that?  Well, as I always tell my clients, this is America and anybody can be sued for just about anything at anytime.  The important thing, even for what you might consider a frivolus lawsuit, is whether or not you have insurance to pay for the lawyer.  Because, quite frankly, whether it is frivolous or not, the attorney is still going to charge you the same hourly fee.  (Unless he’s your brother-in-law, but that’s a topic for a whole ‘nother blog!)

The host who gets sued is usually covered by his or her homeowners, renters, condo or business policy under a provision known as Host Liquor Liability.  This provides a defense for such a claim provided that selling alcoholic beverages is not your business.  In other words, if you have a bar or restaurant, then you will need to have (and pay extra for) Liquor Legal Liability to be added to your business policy.  But, for other businesses or the homeowner, Host Liquor Liability will normally rise to defend you.  As always, be sure to check with your own insurance agent to make sure that you have this important coverage.

As I said at the start, though, your best course of action is to make sure that if anyone has had too much to drink that you do everything you can to keep them from getting behind the wheel.  That means offering to drive them home, calling a taxi or just taking the keys.  Yes, you could risk the friendship, but at least you may not have to attend the friend’s funeral and know you might have prevented his or her death.  The gift of a ride home might just be the best present you give this year!