Navigating Thanksgiving Parties: Alcohol, Guests, and Injury Liability

Thanksgiving is known as a time for gratitude and togetherness. Family members travel from across the country and the world to be together. Friends catch up after not seeing each other for months or even years. While most people focus on having a good time at these gatherings, there is always the potential for something to go wrong. (Though we hope it doesn’t happen.)

If you were hurt through no fault of your own at a Thanksgiving party, you may be entitled to financial compensation. There are many factors that could lead to a dangerous accident, from the use of alcohol to a failure to address a dangerous hazard in a home or restaurant. 

Injuries at Home: Premises Liability Explained

Property owners—including the hosts of a Thanksgiving party—have an obligation to the people they invite into their home. This obligation includes ensuring the premises are free from hazards as well as warning visitors of any safety issues that cannot be resolved immediately.

Not all hosts take the time to ensure their property is safe for visitors. If you were hurt at another person’s home during a Thanksgiving gathering, you might have a viable premises liability claim on your hands.

In order to successfully pursue a premises liability case, you must be able to show the property owner failed to act reasonably in protecting you from harm. This is true whether they knew of the dangerous hazard that resulted in your injury, or they should have been aware of it.

Social Hosts Can Be Liable for DUI Accidents After Overserving

Across the country, countless states have adopted “Dram shop” and “social host” legislation designed to hold third parties accountable when another person causes an accident due to drunken driving. Different jurisdictions have their own approach, and Georgia is no exception.

In Georgia, a single statute addresses issues of dram shop and social host liability. Dram shop laws make businesses—like bars and restaurants—that furnish alcohol to patrons liable for their behavior after they leave the establishment in limited situations. Likewise, social hosts who provide alcohol to guests at their homes might also be liable.

It is important to note that fundamentally, alcohol-related accidents are the result of drinking and driving, not furnishing alcoholic drinks. The responsibility rests with the driver in most cases, except when certain specific exceptions are in play.

In total, there are two exceptions where a person hosting a Thanksgiving outing in their home might be on the hook for damages if an inebriated guest causes an accident. These exceptions include serving:

• Underage guests, or
• Noticeably intoxicated persons, knowing they would be driving

If the underaged guest provided the host with a fake ID, that can be used as evidence that the host did not improperly furnish alcohol and should not be held liable for any damage that occurred.

Some Homeowners are Exempt

There is another exception to consider. When the homeowner is the host of the social gathering that involved serving alcohol to impaired drivers or minors, that party can be help liable under the social host statute. However, the same is not true for property owners who are either unaware that alcohol was being served on the premises or did not consent to serving alcohol during the event.

Will Insurance Cover an Accident at a Holiday Party?

If you were hurt at someone else’s home during a Thanksgiving party, there could be one or more insurance policies in place to cover your injuries. The host likely will have a homeowners’ policy to rely on, which covers any number of injuries or illnesses inside a home.

Although uncommon for informal family gatherings, the host of larger parties might purchase something known as event insurance. These policies are designed to apply to a single event, which is different from the ongoing coverage available through homeowner’s insurance. Event insurance may not be an option, but when it applies, an injured visitor could seek compensation by filing a claim against the policy.

Regardless of the controlling policy, anyone hurt at a Thanksgiving party should do their best to document the incident, which could mean taking photos of the hazard, reporting the injury to the homeowner, and seeking medical treatment as soon as possible.

Seeking Compensation After an Injury at a Thanksgiving Party

Whether it involves a car accident with a drunk driver, a fall down a flight of defective stairs, or other incidents at the host’s property, there are different types of financial compensation that might be available.

Medical Bills

The top priority for many people injured at a Thanksgiving event is ensuring that their medical care is covered. Of course, this is especially important in situations where the injured party does not have their own insurance coverage to fall back on.

The nature and severity of the injury will ultimately determine the cost of a person’s medical care. Serious injuries might require treatment for years, which will only result in extensive and increasing medical costs. A successful injury settlement could pay for things like your hospitalization, ambulance transportation, and surgical procedures.

Lost Wages

Serious injuries suffered during a Thanksgiving celebration can make it impossible to work. If you are forced to miss work while you recover from your injuries, it can have a devastating impact on your finances. This can also compound with the sudden onslaught of medical bills you were not expecting.

Many people are forced to miss work for weeks or months as they heal. If you lost out on your primary source of income after an accident, you might be entitled to a monetary award. A personal injury lawsuit could allow you to collect your lost wages stemming from an injury.

Pain and Suffering

Another important aspect of most personal injury claims is pain and suffering damages. You are entitled to a monetary award based on the suffering you experienced due to another person’s negligence. This can include not only physical pain but emotional distress as well.

Unlike other losses, there is no uniform way to measure pain or determine what a person’s claim is worth. You cannot assign a dollar amount using a repair estimate like you could with a damaged vehicle. Instead, you will need to show a jury how your pain has impacted your quality of life.

Property Damage

In addition to the bodily injuries you might suffer in a holiday accident, there is also the possibility that your property is damaged or destroyed. This is most common in motor vehicle accidents that are related to the Thanksgiving holiday. You could be entitled to recover damages based on the extent of your property losses.

In addition to damages to your vehicle following an accident, you might also be entitled to compensation due to the loss of things like eye glasses, watches, or mobile devices that are damaged or destroyed in a fall. You could recover a monetary award based on the cost of repairing or replacing those items.

Common Thanksgiving Accidents

There are, unfortunately, many ways for a person to suffer a serious injury during or after a Thanksgiving celebration. This is due in part to the convergence of many factors, including food, alcohol, travel, fatigue, and a large number of people crammed into a small space. Some of the following conditions could result in serious injuries or health consequences during the holiday.

Food Poisoning

One of the incidents that many people do not consider is food poisoning. Undercooked or contaminated food can lead to serious medical issues, including severe dehydration. Some people require hospitalization in these situations.

Thankfully, there are ways to avoid this outcome by ensuring food is fully cooked and that everyone who prepares it washes their hands before and afterwards. Sanitary kitchen environments will also go a long way toward keeping everyone healthy.

Vehicle Accidents

Arguably the most common type of accidental injury does not occur at the gathering itself. Car accidents involving people heading to or leaving a Thanksgiving event can have serious or even life-altering consequences.

Because of the nature of the holiday, these accidents can occur for a variety of reasons. Weather can be hazardous this time of year, and there are more intoxicated drivers on the road than usual. Drivers who have spent several hours or days traveling might be fatigued, which increases the risk of a crash. When alcohol served at a party leads to a drunk driving collision, the host might be liable for any damage that occurs.

Kitchen Fires

Cooking accidents, including kitchen fires, can lead to severe injuries when you least expect it. Fires often happen when food is left unattended on the stove, which can be common at parties when hosts leave to socialize or tend to other details. These fires can spread through the home quickly, causing catastrophic property damage and leading to serious injuries.

In addition to fires, other cooking accidents can lead to serious injuries. This might include cuts from kitchen knives or other injuries resulting from the unsafe use of hot pans or kitchen gadgets. There are steps that can help prevent these incidents, starting with never leaving cooking food unattended.

Falls

One of the most common ways to suffer an injury on someone else’s property is to slip, trip, and fall. These accidents can at times leave you with little more than a bruised ego. However, falls have the potential to cause severe injuries like broken bones, traumatic brain injuries, torn ligaments, or spinal cord damage.

Falls can happen on flat ground, both inside or outside the home. They might stem from slipping on a slick surface or tripping over a hazard like an extension cord or a loose patio tile. Falls also frequently happen on stairs, and the resulting injuries can be catastrophic. These accidents are more likely to occur when steps are loose, handrails are missing, or lighting is dim.

Hosting a Safe Thanksgiving Event

Hosting a safe Thanksgiving party or event is about more than making sure the decorations are on point and that the menu will please all of the guests. Because of the potential for host liability when an accident happens, it is vital to take reasonable steps to prevent harm during these gatherings.

These efforts start long before the first guest arrives. Property owners have an obligation to periodically review the premises for dangerous hazards. A careful review of the property is warranted shortly before inviting over friends and family for a holiday gathering.

Inspections should occur inside and outside the home. There are often tripping hazards on the exterior of residential property, like footpaths with uneven pavement, ice-covered parking lots, tripping hazards obscured by leaves. Falls can also occur within the home due to factors like loose extension cords, missing handrails, and dim lighting.

Preparation goes beyond keeping an eye out for potential fall hazards. It is a good idea to carefully label food containing allergens and consider a system for preventing guests from overserving themselves with alcohol. Having a paid bartender present is the safest way to regulate how much people have to drink.

Finally, homeowners should be prepared for emergencies when they play host. This includes having a fire extinguisher handy in case something catches fire. First aid kits are also helpful in case of accidental injuries.

Speak with an Atlanta Personal Injury Attorney to Discuss Your Injury Case

Thanksgiving is supposed to be a time for celebration, but for some people, it is something far more serious. When injuries occur during these celebrations, financial compensation could be available. This is true, depending on the nature of the accident and who was at fault.

The team at Mabra Law is ready to evaluate your injuries and advise you on your legal options. Before attempting to resolve your claim on your own, contact an Atlanta personal injury attorney as soon as possible for a free consultation. Though we are here if you need us we wish for you a happy and healthy Thanksgiving, free from accidents and injuries.