By: Gerard Gaughan–
The holiday season is upon us, bringing lots of reasons to celebrate. Often, these celebrations take the form of Christmas or holiday parties. While these get-togethers can be hosted at a restaurant or office, there are some special things to consider if you’re hosting or attending a holiday party at home. For instance: what happens if someone gets injured?
Legal Liability for Holiday Party Injuries
In Pennsylvania, a property owner who invites others onto their property has a duty to protect those invitees from known dangers, as well as those that might be discovered with reasonable care. In the context of a holiday party, known dangers may include a dog that is prone to biting or— if small children are attending the party— uncovered electrical outlets. Examples of hidden dangers that may be discovered through reasonable care include missing or unstable railings, bunched-up rugs, or slippery surfaces caused by spills. A property owner has an obligation to reasonably inspect their premises to discover these potential dangers and remedy them before a party guest gets injured.
Of course, one major safety consideration at most holiday parties involves serving alcohol. When a homeowner decides to offer their guest alcoholic beverages, there can be serious legal implications for both the host and the attendees. Pennsylvania imposes social host liability upon party hosts who serve alcohol to minors. If a party host furnishes alcohol to a minor, and as a result of being served injures themself or others, the host is liable for those injuries. When it comes to serving alcohol to adult partygoers, Pennsylvania is in the minority. Unlike most states, Pennsylvania imposes no liability on hosts who furnish alcohol to adults of legal drinking age, even if those adults are visibly intoxicated.
How Can I Prevent Holiday Party Injuries?
If you are a guest attending a holiday party, there are certain steps you can take to decrease your risk of injury. One of the most important steps is to monitor your alcohol intake. Once the eggnog starts flowing, it can be easy for partygoers to lose their balance and fall. An adult partygoer who is injured due to intoxication is not entitled to recover from a party host. Another tip is to remain only in the parts of the home that are designated for the party, in order to avoid potential dangers that the party host did not plan for.
If you are hosting a party, an important step you can take to ensure the safety of your guests is to limit the amount of time when alcohol is served. You can also make sure that guests who are drinking alcohol have access to adequate food to consume along with the adult beverages. Another important safety tip is to restrict minors from accessing alcohol.
Can I Recover Damages If I Am Injured At a Holiday Party?
If you are injured at a holiday party, and those injuries are caused by the negligence of the party host, there are several potential avenues of recovery. Initially, some homeowner’s insurance policies provide what is called medical payments coverage, or “MedPay” coverage, meaning that the insurance company will pay medical bills you may incur as a result of treating the injuries sustained at the host’s home. Most homeowners’ insurance policies also provide liability coverage to the homeowner in the event of an injury at that home. Some insurance companies even offer one-day event or party insurance, which can provide coverage for any injuries that occur during a holiday party.
However, insurance coverage is a complicated area of the law. A fact-specific investigation into each claim is required to determine whether the insurance provides coverage for injuries. Some considerations that may impact insurance coverage include whether alcohol was furnished to minors knowingly or simply negligently, and whether the guest was injured in a part of the home where guests were not permitted to enter. This is why it is so important to have an attorney by your side if you are injured at a holiday party.
Our team at O’Donnell Law Offices has decades of experience maximizing insurance coverage for our clients. If you are injured at a holiday party, O’Donnell Law Offices can use that experience to help you navigate the tricky legal landscape of social host liability and make sure your legal rights to recover for those injuries are protected.