Comparisons Of People Getting Injured In Football To Other Things The Tailgate Party and Liability

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The Tailgate Party and Liability

We are just a few weeks away from the fall football season. Millions of rabid football fans will dump food and drinks into their favorite vehicle and head to the football stadium parking lot. When they arrive, the barbecue grills will be out, tables and chairs will be set up, team flags and banners will go up, and ice chests will be filled with great drinks.

Now why should I spoil that festive atmosphere with an article of accountability?

It’s easy, my friends. I want to warn you about some very serious issues that can not only ruin your tailgate party, but can seriously affect your financial future.

I’m going to talk about tailgate parties thrown by both individuals and businesses because some of the potential problems are similar.

Problem number one: You have a legal responsibility at the football venue. You are parked in a public parking lot. You may park in a private lot. But either way, someone owns the land you sit on. Therefore, they may be found legally liable if a guest is injured on their premises. The problem arises when your involvement is included. If you park your truck, camper, motor coach or tent with tables, chairs, grills, etc., you are increasing the number of things that can cause personal injury. Chairs topple, people trip over things, grates fly…and if there were no personal injuries for your tailgate party.

Problem number two: Contaminated food harms others. Many times tailgate parties last for several hours. Food sits on the table waiting for guests to load their plates. But if someone gets food poisoning from the food they ate at your tailgate party, you could be responsible for their injuries, medical expenses, lost work income, or death.

To reduce your risk of contaminated food, be careful to keep your hot foods hot and your cold foods cold. Use covered dishes and disposable plates and utensils. And avoid serving foods that have a reputation for spoiling, such as potato salad or seafood.

Problem number three: You have a legal responsibility to serve alcoholic beverages. If a guest is injured at a tailgate party or at a football stadium or while driving home, or injures others because they decide to be intoxicated, you may find yourself legally responsible for serving them alcoholic beverages.

If you feel you must serve alcoholic beverages, consider a drink voucher system to limit the number of drinks. Or, serve alcohol only for short periods of time.

Offer plenty of non-alcoholic beverages: water, soda, juice, coffee, tea.

Arrange transportation for inebriated guests leaving the tailgate party with some booze in their bellies. Call a cab, use a designated driver or drive them home in your vehicle.

Do not sell alcoholic beverages at tailgate parties. No cash bar, no cash contribution jar on the table. If a host sells alcohol at a tailgate party, they may be violating state liquor laws.

So, does the individual tailgate party host have any liability coverage for the party?

No you don’t!! If you have a homeowners insurance policy, you have no liability coverage for off-premises activities like tailgate parties. Section II, Exclusions, E. Coverage E, 4. “Insured’s Premises Not Insured: “Bodily injury or property damage arising out of premises leased to insured.” It can be argued that if you pay for parking, you occupy the parking lot. Place rented.But exclusion still persists.

Tailgate partygoers should purchase a one-day event liability insurance policy to protect their property.

Does the business throwing the tailgate party have liability coverage for the party?

You may have coverage Depending on the liability policy you have. In Commercial General Liability Coverage Form CG0001, “Coverage Territory” is defined as the United States of America. It protects you in off-site locations.

Businesses – Remember that even if you carry adequate insurance — called “host liquor liability insurance coverage” — it won’t apply and your business won’t be protected if alcoholic beverages are sold at your party. You should purchase additional liquor liability insurance coverage before the party.

A business throwing a tailgate party should consider hiring a separate bartender or caterer to serve alcohol. A guest who has one more will know better when to say ‘no’. The hired bartender should have his own liability insurance and provide you with a copy of his certificate of insurance before the party. Notify the bartender/caterer to the appropriate event manager if someone has had too much to drink.

Finally, don’t look at this article as a “buzz kill”. Note that I am the lighthouse on the coast, warning you of rocks and shoals. Avoid them, and your tailgate party will be a rousing success!!

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