We are only a few weeks away from the fall football season. Millions of rabid soccer fans will throw food and drinks at their favorite vehicle and head into the soccer stadium parking lots. When they arrive, the grills will go out, tables and chairs will be set up, team flags and banners will be raised, and coolers will be filled with great beverages.
Now why would I spoil that festive atmosphere with an article on liability?
That’s simple, my friends. I want to warn you about some very serious issues that could not only mess up your welcome party, but also drastically affect his financial future.
I will talk about after parties hosted by both individuals and businesses because some of the potential problems are the same.
Problem number one: it is your legal responsibility in the football stadium. You are parked in a public parking lot. May be parked in a private lot. But either way, someone else owns the ground you sit on. Therefore, they could be held legally responsible in the event that a guest is injured on their premises. The problem arises when their participation is included. If you’re taking up space with your truck, RV, coach, or tent, along with tables, chairs, racks, and more, you’re increasing the number of things that could cause personal injury. Chairs collapse, people trip over things, vents explode…and personal injuries would not have occurred were it not for your tailgate party.
Problem number two: it is harm to others from contaminated food. Tailgate parties often last for many hours. Food sits on tables waiting for guests to load their plates. But if someone gets food poisoning from the food he ate at your tailgate party, he could be held liable for your injuries, medical costs, lost wages from missing work, or even death.
To minimize the risk of contaminated food, take care to keep hot foods hot and cold foods cold. Use covered dishes and disposable plates and utensils. And refrain from serving foods that have a reputation for spoilage, like potato salad or seafood.
Problem number three: it is your legal responsibility for serving alcoholic beverages. If a guest is injured at the tailgate party, or at the football stadium, or while driving home, or insults others because he or she is determined to be drunk, you could be legally responsible for providing the alcoholic beverages.
If you feel you must provide alcoholic beverages, consider a beverage coupon system to limit the number of beverages served. Or serve alcohol only for a short period.
Serve plenty of non-alcoholic beverages: water, soda, juice, coffee, tea.
Arrange transportation for intoxicated guests if they leave the tailgate party with some of their drink in their stomachs. Call a taxi, use designated drivers or take them home in your vehicle.
Don’t sell alcoholic beverages at the tailgate party. There is no cash bar, no cash contribution jar on the table. If an individual host sold alcoholic beverages at the after party, they would likely have violated state alcoholic beverage laws.
So does the individual party host have any liability coverage for the party?
NO YOU DON’T!! If you have a Homeowners Insurance Policy, you don’t have built-in liability coverage for off-premises activities, like a tailgate party. In Section II, Exclusions, E. Coverage E, 4. “Premises of the insured that is not an insured location: “Bodily injury or property damage arising from premises rented to an insured.” It could be argued that if you paid for parking, he rented the space he occupies in the parking lot, but the exclusion still stands.
A person hosting a tailgate party should purchase a one-day event liability policy to protect their assets.
Does a company that hosts a tailgate party have any liability coverage for the party?
MAY HAVE COVERAGE depending on the liability policy you have. In Commercial General Liability Coverage Form CG0001, “territory of coverage” is defined as the United States of America. That protects you in off-site locations.
Businesses: Remember that even if you have adequate insurance, called “host liquor liability insurance coverage,” it will not apply to and will not protect your business if alcoholic beverages are sold at your party. You must purchase additional liquor liability insurance coverage prior to the party.
A business hosting a tailgate party should consider hiring a separate bartender or caterer to serve alcohol. He will know better when to say ‘No’ to a guest than he has had too. The hired bartender must have their own liability insurance and provide you with a copy of their insurance certificate PRIOR to the party. Instruct the bartender/caterer to notify an appropriate event manager if he finds someone who has had too much to drink.
In closing, please don’t look at this article as a “killer”. Consider me the beacon on the shore, alerting you to rocks and shallows. Avoid them and your tailgate party will be a huge hit!
