Holidays and special events
often include celebrations that bring together families and friends in private
homes across the country. Food, fun, talk and spirits flow generously and, unfortunately,
so do injuries and accidents. It’s not news to hear that increased drinking
leads to increases in personal tragedies, but it’s important to get reminders
that individuals must be responsible for their actions.
Hosts are very important
with regard to any consequences of partying. Hosts are given the credit for the
enjoyment that their guests experience at a party. On the dark side,
party-givers are also asked to bear partial or full responsibility for guests
who cause damage or injury on the way home from a gathering. In other words,
they may be sued for contributing to losses caused by alcohol-impaired guests.
Although hosts are often
found legally culpable for accidents; the brunt of responsibility has to be
faced by the individuals who directly cause a loss. There would have to be
strong evidence to support a host being held financially responsible, since any
involvement is indirect. For example, Jane provides drinks to Barrie, who then
plows into the side of Chris’ car and garage.
While a homeowners
policy may offer coverage if a host has substantially contributed to a loss, an
insurer may be able to deny a claim for a number of reasons, including:
- A gathering involves the host making an income
- The involvement of paid bartenders
- The party is thrown as a fundraising event
- A host’s knowledge that the guest was impaired and
continued to serve liquor
- The host failed to make arrangements for impaired
guests (designated drivers, taxis, lodging, etc.)
- Local or state law(s) related to providing alcohol
Hosts who take their
responsibility seriously are those who make sure that parties are thrown
responsibly, are done as a social (rather than business) event, and that the
chances of sending drunken guests on the road are minimized. A good host will
make sure that food is available, that a liquor supply under his or her control
is cut-off and that impaired friends or relatives are prevented from
endangering themselves or others. No celebration should end up with a lawsuit.