Office Party Liability

HRH · May 2006

Question: In your experience, if you host a company picnic (in this case, at a minor league baseball field) and you choose NOT to serve liquor, but liquor is available whether you serve it or not, is the company liable if there is a drinking-related incident that evening???

ray a · May 2006

Well, a sharp lawyer could certainly try to paint you as liable forcing you into a costly defense.

Balloonman1 · May 2006

And you could also get hit by a foul ball. At some point enough is enough........
I would not worry about it.

Balloonman

Paul in Cannon Beach · May 2006

I recall a very lengthy thread on this issue a few years back.

I think the final conclusion was to prohibit alcohol, parties, holidays, dancing and get rid of all your employees if possible.

If you search the forum archives for "alcohol" you may be able to find it. Whatever else you find should be interesting as well.

HRH · May 2006

THANK YOU ALL!!

Fair Employer · May 2006

You may want to discuss the issue of company sponsored events with your insurance agent. I seem to recall an incident at a company softball game where an employee injured his wrist and it was handled as a work comp claim. If alcohol is provided I would think the company could be responsible for related incidents.

System · May 2006

HRH, the answer depends on your state's law. Some states have "dram shop" statutes that spell out liability when someone serves alcohol. Without a statute, it would be up to state courts to decide the issue under negligence law.

I assume that the beer would come from ballpark vendors. In my professional opinion as a non-lawyer, I think it would be quite a stretch for a court to find your company liable.

Of course, the real danger of watching a baseball game is getting sunburned on one half of your body but not the other. x:-8

James Sokolowski
HRhero.com

atrimble · May 2006

>Of course, the real danger of watching a baseball game is getting sunburned on one half
>of your body but not the other.

Sounds like personal experience, James?

WT · May 2006

The short answer is that there will always be some liability. This is true no matter what you do. If the vendor selling booze has few or no assets to get at and deep pockets are needed to pay the lawyers, they will certainly try to come at you.

Suppose you have an employee who is a recovering alcoholic. Management knows this. She gets very drunk at the ball game and is sitting with the group. Nobody wants to take her home as she will probably puke in the car. Everybody hopes somebody else will do it, so nobody does. She drives and manages to kill herself and some others. In such a case, what do you think would happen?

Rockie · May 2006

I would think as long as you, as the company, did not provide the liquor, you would be okay.

We have gone round and round with this one at our Holiday Parties and we have had cash bars, open bars, etc. We also provide rooms at a nominal cost for those individuals who want to embibe and stay over. Also, will provide cab rides home for those folks who we deem to be too drunk to drive.

It's always a liability if you provide the liquor, but I think you would be pretty safe as long as you did not provide it for your group.

What if they brought it in a cooler in their own car...how could you be liable for this?

Dutch2 · May 2006

We do not allow alcoholic drinks at company events, picnics, Holiday Dinner, etc. However, once the "company function" is over a few ee's always seem to stay behind and either bring our their own coolers or go to the bar themselves. For what it is worth, we emphasize that this "party after the party" is not company sponsored or endorsed. Not sure if this would reall help us out in the event of a legal matter but it makes us feel better about the situation.
Good luck...

Office Party Liability

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