Holidays
and special events often include celebrations that bring together families and
friends in homes across the country. Food, fun, talk and spirits flow
generously and, unfortunately, so do injuries and accidents. Increased drinking
leads to increases in personal tragedies and the consequences can be
substantial.
Hosts
are magnets with regard to party consequences. 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.
COPYRIGHT: Insurance Publishing
Plus, Inc. 2013
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