The tailgate party and responsibility
We are only a few weeks away from the fall football season. Millions of rabid football fans will throw food and drinks at their favorite vehicle and head to the football stadium parking lots. When they arrive, grills will be out, tables and chairs will be set up, team flags and banners will be hoisted, and coolers will be filled with great drinks.
Now why would you spoil that festive atmosphere with an article on liability?
That’s simple, my friends. I want to warn him about some very serious problems that could not only ruin his homecoming party, but also drastically affect his financial future.
I’ll talk about after parties hosted by both individuals and companies 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 floor 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, bus, 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, grills explode…and the personal injuries wouldn’t have occurred if it wasn’t for your tailgate party.
Problem number two: it is harm to others from contaminated food. Many times, tailgate parties last for many hours. The food sits on the tables waiting for the guests to load up 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 income 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 plates and disposable plates and utensils. And refrain from serving foods that have a reputation for spoiling, such as potato salad or seafood.
Problem number three: it is your legal responsibility to serve 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 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 drink coupon system to limit the number of drinks served. Or serve alcohol only for a short period.
Serve lots of non-alcoholic drinks: water, soft drinks, juices, coffee, tea.
Arrange for transportation of 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.
Do not sell alcoholic beverages at the tailgate party. There is no cash bar, no cash contribution jar on the table. If an individual host were to sell 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 do not have built-in liability coverage for off-site activities, such as a tailgate party. In Section II, Exclusions, E. Coverage E, 4. “Insured’s Premises 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, you rented the space you occupy in the parking lot, but the foreclosure still stands.
A person hosting a tailgate party should purchase a one-day event liability policy to protect their assets.
Does a company hosting a tailgate party have any liability coverage for the party?
MAY BE COVERED depending on the liability policy you have. On the Commercial General Liability Coverage Form CG0001, “territory of coverage” is defined as the United States of America. That protects you at off-site locations.
Businesses: Remember that even if you have adequate insurance, called “Host Liquor Liability Insurance Coverage,” it will not apply and will not protect your business if alcoholic beverages are sold at your party. You must purchase additional alcohol 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’ll know better when to say ‘No’ to a guest he’s had too much. The hired bartender must have their own liability insurance and provide you with a copy of their certificate of insurance 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, don’t look at this article as a “killer”. Consider that I am the lighthouse on the shore, alerting you to rocks and shoals. Avoid them and your tailgate party will be a huge success!