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The Tailgate Party and Liability
We’re only a few weeks into the fall football season. Millions of die-hard soccer fans throw food and drinks into their favorite car and head to soccer stadium parking lots. When they arrive, the barbecue grills are out, the tables and chairs are set up, the flags and banners are raised, the coolers are filled with great drinks.
Now, why would I ruin that festive atmosphere with an article about responsibility?
It’s simple, my friends. I want to warn you about some very serious issues that will not only ruin your tailgate party, but also seriously affect your financial future.
I will talk about after parties by both individuals and businesses, as some of the potential problems are the same.
Problem number one: Your legal responsibility is at the soccer venue. You are in a public parking lot. You can park in a private area. But in any case, someone else owns the land you sit on. As such, they may be held legally liable if a guest is injured on their premises. The problem comes when your participation is included. If you take up space with your truck, camper, coach or tent, along with tables, chairs, nets, etc., you add to the number of things that can cause personal injury. Chairs would fall, people would walk into things, nets would explode… and personal injuries weren’t just for the party behind you.
Question number two: harm to others from contaminated food. Many times, tailgate parties go on for hours. Food sits on tables, waiting for guests to fill their plates. But if someone gets food poisoning from the food they ate at the party behind you, you could be responsible for their injuries, medical bills, lost income, or even death.
To reduce the risk of your food being contaminated, be careful to keep your hot foods hot and your cold foods cold. Use covered dishes and disposable plates and utensils. And avoid foods that have a reputation for going bad, like potato or seafood salads.
Question number three: It is your legal responsibility to serve alcoholic beverages. If a guest causes harm or injures others at a tailgate party or at a football stadium or while driving home because they are intoxicated, you may be held legally responsible for serving them alcohol.
If you think you must serve alcohol, consider a drink voucher system to limit the number of drinks served. Or, give alcohol only for a short period of time.
Serve plenty of non-alcoholic beverages: water, soda, juices, coffee, tea.
Arrange transportation for inebriated guests if they leave the tailgate party with some of your booze in their bellies. Call a taxi, use designated drivers or take them home in your car.
Do not sell alcoholic beverages at the party. No cash box, no cash contribution pot is shown in the table. If an individual host were to sell vodka at an afterparty, he or she would likely be violating liquor laws.
So, does the individual party host cover the party’s liability?
NO YOU DON’T!! If you have a Homeowners Insurance Policy, you cannot create any liability for off-premise activities such as a tailgating party. In Section II, Exclusions, E. Coverage E, 4. “The insured building is not the insured’s premises: “Bodily injury or property damage caused by the building rented to the insured.” It can be said that if you pay for parking If you do, you have rented the space you occupy in the parking lot, but the exclusion still remains.
The person throwing the tailgating party should purchase a one-day liability insurance policy to protect their belongings.
Does a business that throws a tailgating party have any liability for the party?
YOU CAN HAVE IT depending on your liability policy. In the commercial general liability coverage form CG0001, the “territory of coverage” is defined as the United States of America. This will protect you in 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 alcohol is sold at your party. You should purchase additional alcohol liability insurance coverage before the party.
A business throwing a tailgate party should consider hiring a bartender or a separate kitchen for serving alcohol. He knows best when to say “No” to a guest who has too many guests. The hired bartender must have liability insurance and provide you with a copy of their insurance BEFORE the party. Instruct the bartender/caterer to notify the event manager if they find anyone who has had too much to drink.
In conclusion, don’t look at this article as a “noise killer”. Imagine that I am a beacon on the beach, warning you of rocks and hills. Avoid them, and your after party will be a resounding success!!
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