With St. Patrick’s Day just a few days away, many people are
busy planning fun weekend festivities, from throwing a house party to
celebrating with friends at a local restaurant, bar or pub. However, amidst the
fun celebrations it’s important to remember that considering the increased
amount of alcohol that is typically consumed on this day, restaurants, patrons
and party hosts alike all face increased liquor liability risks.
According to the National Highway Traffic Safety
Administration, more than 700 people were killed nationwide in crashes
involving a drunk driver during the St. Patrick’s Day holiday from 2006 to
2009. Not only does drinking and driving jeopardize your own personal safety,
but it also puts your passengers, other drivers on the road, and the person
and/or establishment that served you the alcohol at risk. Let’s take a closer
look at these risks and the best ways to limit the liquor liability exposures
you may face on St. Patrick’s Day.
Commercial Liquor
Liability Exposures
If a business that serves alcohol is deemed responsible for
a patron’s action, it’s not difficult to imagine the substantial monetary fines
and lawsuits the establishment could face, especially in today’s litigious
society. For instance, suppose Steve spends his St. Patrick’s Day at a local
establishment, O’Malley’s Pub, where he consumes several alcoholic beverages.
On his way home from the pub, Steve causes a car accident that seriously
injures the driver of the other vehicle. If a lawsuit results, Steve is not the
only party that may suffer after being deemed responsible. In fact, O’Malley’s
Pub could also be held liable for Steve’s actions since that’s where he was
served the alcohol.
Liquor Liability
Insurance Can Lower Your Business’s Risks
To help reduce the risks associated with serving alcohol,
some business owners invest in liquor liability insurance for protection. To
determine whether this type of coverage makes sense for your business, it’s
important to review your company’s commercial general liability insurance
policy, paying particularly close attention to the coverage it provides in
social host situations. Contacting your independent insurance agent can help
clarify any coverage questions you may have and determine whether adding a
liquor liability policy is the best option for your business. To learn more
about liquor liability insurance and to get a free quote, please contact us.
Can Individuals be
Held Liable for Guests’ Actions?
Just as businesses can be deemed responsible for patrons’
actions, individuals serving alcohol are considered social hosts and can be
held liable for their guests’ actions. For example, in 2003, Nancy St. Jean of
Haverhill, Mass., allowed her teenage daughter Ashley to host a party at their
home while St. Jean was home, that ultimately led to the death of 16-year-old
Michael Berry, one of the party guests. After becoming intoxicated and punching
a glass window, Berry wandered away from St. Jean’s home and was found dead
more than a day later as a result of blood loss and exposure. Because she
allowed the party in her home where alcohol was served, St. Jean was deemed
responsible for violating the social host law, and a result, spent six months
in state prison and was forced to pay a $2,000 fine.
5 Ways to Minimize
Your Social Host Liability Risks
The idea of throwing a St. Patrick’s Day party may not seem
as appealing after realizing that you could be held responsible for your
guests’ actions, but the good news is that there are ways to reduce the risks
you face as a social host. Keep the following tips in mind when planning your
next get together:
- Know your state’s
social host law. Before letting anyone know about the possible party,
familiarize yourself with your state’s social host liability laws to ensure
that your gathering will be legal. It’s also a good idea to call your insurance
agent to review your coverage and make sure it’s adequate.
- Provide plenty of
food and alcohol-free activities. To prevent guests from getting
intoxicated, it’s important to offer a variety of filling foods and
non-alcoholic beverages. You should also plan activities that don’t include
alcohol, such as a group game in which all of your guests can participate.
- Never allow guests to
drive after drinking. Your guests should always designate a sober driver,
but if the night doesn't unfold the way they planned and they all end up
consuming alcohol, never let them get behind the wheel. Arrange transportation
for guests who shouldn't drive, or allow them to stay overnight.
- Last call. Stop
serving alcohol at least one hour before the party is scheduled to end, and at
any point in the night, do not continue serving a noticeably intoxicated guest,
regardless of how insistent he/she may be.
- Remember your role. Although you may not have to drive home at the end of the night, it’s crucial to remember your role and responsibilities as the party’s host. Always remain alert and consume alcohol responsibly when entertaining guests.
From bars hosting holiday celebrations to individuals
inviting friends over for a house party, liquor liability can affect us all,
especially on a day associated with alcohol like St. Patrick’s Day.
At Hunkins & Eaton, our agents work to ensure that you
and your home, business, and other meaningful assets remain protected. For
additional information on social host liability laws, or to get a free liquor
liability insurance quote, please call us today at 603-444-3975 or visit us
online at www.hunkins-eaton.com.
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