Boy your guests look thirsty! Maybe you should offer them a drink? Maybe with a little alcohol? Tasty! But wait a minute - before you serve a guest a drink at your Labor Day BBQ, take a moment and think what your liability might be and the type of alcohol-related accidents and injuries that may occur because you served that drink!
In general, a party giver (“the host” in legalese) owes a duty to exhibit “reasonable care” to their guests. What is “reasonable care” you ask. Hosts have a duty to warn their guests of dangerous situations on their property, but only if they know about them – or should know about them. For example, hosts have a duty to prevent situations where their guests are more likely to slip, trip or fall. Additionally, in our next article about Social Host Laws, social hosts may be responsible for their intoxicated guests’ conduct and the potential harm to a guest and third parties before, during, or after a party!
So, what happens if a guest is a little buzzed and falls over a branch or slips on a wet floor and gets injured? Does it even matter that the guest who fell was a little tipsy? To start, it does not matter if the guest is a little drunk. What matters is whether you, the “host”, exercised reasonable care to keep your guests safe. If you didn’t, a guest may want YOU to pay for their injuries and in unfortunate circumstances, may sue you (in today’s society - even if you did exercise care).
For your beloved guest to successfully sue you, they will have to prove to a judge or jury that:
1. You had a duty of care to the guest to prevent the injury.
2. You breached your duty of care.
3. The breach caused their injuries; and
4. There are actual injuries.
Let’s go back to that wet floor that one of your guests (“the beloved guest”) slipped on causing him to break his arm. Are you at fault? Is the buzzed guest at fault? Well, it depends. How long was the pool water left on the tile? Were you aware of the water on the floor? If you were aware of the puddle, did you warn your guests of the water and try to clean up the mess before anyone could get hurt? If you failed to do so, you most likely breached that duty. If your guest broke something because you breached your “duty of care” then you most likely will have to pay for their injuries.
So, what should you do? Well, we’re all used to seeing those yellow heavy duty “ Caution Wet Floor” stands or orange cones indicating a wet floor in public spaces. At your home, you’re not expected to have actual signage, but you should block the area off and even make a quickie sign on paper. You must clean things up pronto. Maybe simply have somebody stand watch while you go get supplies.
So, party it up, but watch those guests, keep things clean and have a safe party!
This article is for informational purposes only and is not offered as legal advice as to any particular matter in any particular jurisdiction. No one should rely or otherwise act on the basis of these materials without consulting an attorney as to the particular facts and applicable law involved.