We are only a few weeks away from the fall football season. Millions of avid football fans will throw food and drink into their favorite vehicles before heading to the football stadium’s car park. As soon as they arrived, the barbecue grills were out, the tables and chairs were set, the team flags and banners were up, and the freezers were filled with fine wine.
Now, why am I ruining a holiday party with an article about responsibility?
It’s easy, my friends. I want to warn you about some very serious problems that will not only ruin your tailgating party, but seriously affect your financial future.
I’m going to talk about tailgate parties hosted by individuals and businesses because some of the underlying issues are the same.
Question one: is your legal responsibility on the football field. You park in a public car park. You may park in a private car park. But either way, someone else owns the ground you’re sitting on. Therefore, if a guest is injured on their premises, they could be held legally liable. The problem arises when your participation is included. If your truck, camper, van, or tent is taking up space along with tables, chairs, grills, etc., you’re adding to the number of items that can cause personal injury. Chairs toppling over, people tripping over things, grilles exploding… if it wasn’t your tailgating party, no bodily injury would have happened.
Question two: It is the harm caused by contaminated food to others. Many times, tailgate parties last for hours. The food is placed on the table, waiting for guests to plate it. However, if someone gets food poisoning from food eaten at your tailgate party, you could be liable for their injuries, medical bills, lost income due to absenteeism, or even death.
To minimize the risk of food contamination, take care to keep hot foods hot and cold foods cold. Use covered dishes and throw away dishes and utensils. And don’t serve foods that are known for going bad, like potato salad or seafood.
Question three: It is your legal responsibility to serve alcoholic beverages. If a guest is injured at a tailgate party, at the football field, or on the drive home, or because you injure someone because you know he was intoxicated, you could be legally liable for serving him alcohol.
If you feel compelled to serve alcohol, consider using a drink coupon system to limit the number of drinks served. Alternatively, serve alcoholic beverages only for a short time.
Plenty of non-alcoholic beverages available: water, soda, juice, coffee, tea.
If drunk guests leave the tailgate party with your booze in their stomachs, arrange transportation. Hail a taxi, use a designated driver, or have them drive you home.
Do not sell alcoholic beverages at tailgate parties. No cash bar, no cash donation jars on the tables. If an individual host is selling alcohol at a tailgate party, he is likely violating state liquor laws.
So, does the personal tailgate host have any responsibility for the party?
You can not! ! If you have a homeowners insurance policy, you don’t have built-in liability coverage for off-site events like tailgate parties. In Part II, Exclusions, E. Coverage E, 4. “The Insured’s Premises Are Not Insured’s Places: “Bodily injury or property damage arising out of the insured’s premises rented out. “One could argue that if you pay for parking, you rent the space you occupy in the car park. But the exclusion still stands.
Individuals hosting tailgating parties should purchase one-day event liability insurance to protect their assets.
Is the business hosting the tailgating party responsible for the party?
you may have insurance Depends on your liability policy. In Commercial General Liability Insurance Form CG0001, the “territory of coverage” is defined as the United States. This protects your position off the field.
Businesses – Keep in mind that even if you purchase adequate coverage (called “host liquor liability insurance”), it does not apply and will not protect your business if alcohol is sold at your party. You should purchase additional liqueur liability insurance before the party.
Businesses hosting tailgate parties should consider hiring a separate bartender or caterer to serve drinks. He’ll be more aware of when to say “no” to a guest who’s been drinking too much. The hired bartender should have his own insurance liability and provide you with a copy of his insurance certificate before the party. Instruct the bartender/caterer to notify the appropriate event manager if they notice someone has had too much to drink.
Finally, don’t think of this article as a “hot topic”. Think of me as a lighthouse on shore, alerting you to rocks and shore. Avoid them and your tailgate party will be an exhilarating success! !