Taste the Soup!
The Holidays! They are here! …and before we can sprinkle that last bit of reindeer dust or shout out, “Now Dasher! Now, Dancer! Now, Prancer and Vixen! On, Comet! On, Cupid! On, on Donner and Blitzen! …they will most likely have passed so quickly once again! This year, as in the past, so many of us will be hosting or attending holiday parties across the land. In our home, we always host Christmas dinner for our families, and while Ann Marie is serving the soup, and I’m carving the roast (or whatever Ann Marie’s specialty for that year may be be) and Frank Sinatra’s Christmas hits playing in the background are being drowned out by the joyful sounds of laughing, hugging, and gift giving, the risks that we are taking may be the last thing that’s on our minds!
According to the press release below distributed this week from Trusted Choice® and the Independent Insurance Agents & Brokers of America (IIABA or the Big “I”), party hosts need to understand their responsibilities when inviting people into their homes and serving food and drinks. “Before hosting a party this holiday season, homeowners may want to consult with their Trusted Choice® independent insurance agent and ask questions,” says Robert A. Rusbuldt, Big “I” president & CEO. “Hosts should be aware that if someone drives drunk or becomes sick after consuming food at a holiday party, the host could actually be liable.”
In fact, a casserole could bring just as many risks as a cocktail. A recent survey by Trusted Choice® and IIABA found that almost three-fourths of homeowners had served food in their home that was prepared by someone other than themselves. That means more than 111 million homeowners in the United States have put themselves at risk for a lawsuit by just feeding their guests. “Whether the food served came from your kitchen, a pizza delivery truck or a five-star caterer, if you serve it, you could be liable if anyone gets sick,” says Madelyn Flannagan, Big “I” vice president for education and research. “Even a simple neighborhood holiday potluck could have disastrous results for the host if someone is stricken with food-poisoning.” The Big “I” and Trusted Choice® provide the following tips for holiday hosts and guests.
Do Your Homework: When hosting a holiday party, individuals should look to the liability portion of their homeowners or renters insurance policy to protect them if they are sued and found liable for an accident involving a guest who drank or got sick after consuming food at their home. Consumers should regularly review their liability coverage limits to ensure they are adequately covered should an accident or illness occur.
Watch What You Eat and Feed Others: Even if food was prepared outside your home by a caterer, another guest, a local deli or the neighborhood pizza joint, YOU could be held liable if someone becomes ill from consuming it on your property. Make sure that you check food and don’t put anything out that you suspect may be undercooked, spoiled or contaminated. Use only reputable food purveyors. Follow proper food-handling, heating/cooling and storage recommendations. When in doubt, throw it out.
Know Your State Laws and Statutes: In many states, party hosts can be held liable if a guest is involved in an alcohol-related accident. Many courts have found hosts liable for damages their party guests cause as a result of consuming alcohol and then driving motor vehicles. Many states have also enacted statutes that can be interpreted as mandating non-commercial social host liability. So, if a guest or third party is injured in an accident that is related to alcohol consumption and the drinking can be linked to you, you could be held responsible for the payment of medical bills, vehicle repair costs, lost time from work and — in the worst case — claims for wrongful death resulting in huge monetary settlements. Mix up the Activities, not just the Cocktails: If the party centers around drinking, guests will likely drink more. Schedule entertainment or activities that do not involve alcohol. Provide safe filling food for guests and alternative non-alcoholic beverages.
Party Elsewhere: Host your party at a restaurant or bar that has a liquor license, rather in a home or office to decrease your liability.
Call a Cab, Get a Room or Have a Slumber Party: Arrange transportation or overnight accommodations for those who cannot or should not drive home. Just Say No: Do not serve guests who are visibly intoxicated. Stop serving alcohol at least one hour before the party is scheduled to end. Stay alert and always remember your responsibilities as a host. You might also consider hiring an off-duty police officer or professional bouncer to discreetly monitor guests’ sobriety or handle any alcohol- related problems as guests leave.
Consider an Umbrella Policy: While holiday partygoers and hosts alike should act responsibly and know their limits, consumers need to acknowledge that most risks cannot be entirely eliminated. But planning ahead and learning about what’s involved in hosting a reception is the best defense. Purchasing a personal “umbrella” liability policy — providing $1 million or more in additional coverage over the limit of a standard homeowners or renters policy — may be a prudent move for the frequent party host.
For those of you who read this column regularly, you might remember my “Halloween Trick or Treat Disclaimer” that I gave you a few years ago…maybe I should consult with counsel and have a “Christmas Dinner Hold Harmless” agreement drawn up so that we can distribute it to our guests and ask them to sign it before serving Christmas dinner…I can see my father in law now, telling me what I can do with that agreement! Ha! Ha!
Oh, and by the way, food and alcohol aren’t the only reason for holiday lawsuits! According to the following article recently released by Property and Casualty 360, the following are 5 Thanksgiving Day turkeyrelated incidents that ended up in court:
Hunting Season
Neil P. Jacobs and James Kent were hunting turkeys in the woods in New York in 2003; Kent’s hunting party had established a position, which Jacobs entered with his party while looking for an area in which to hunt. After hearing gobbling noises and seeing a flash of red, Kent shot into the underbrush. Instead of bagging his family’s holiday meal, he accidentally hit Jacobs. Jacobs brought a suit against Kent, alleging the defendant acted negligently and mistakenly shot him, moving for judgment on the issue of liability.
The plaintiff contended that the sole cause of the accidental shooting was the defendant’s failure to identify his target. Turkey hunters must be able to see the entire bird and ascertain its gender before taking a shot. Kent moved to dismiss the complaint based on primary assumption of risk. The Court found that even though hunters assume the risks of hunting for sport, having to assume the risk of negligent behavior on the part of other hunters unreasonably increases that risk. Therefore, Kent’s cross motion was denied. The court also decided it could not determine as a matter of law whether the defendant’s actions fell under the doctrine of primary assumption of risk, so the original motion was also denied.
Roadrunner
While driving on a parkway in New York in 2005, a wild turkey hit Mary Reilly’s windshield. The impact shattered the windshield, so Reilly put her signal on and slowed down in preparation to pull off onto the left-hand shoulder. Alan Watson was driving behind her and noticed something moving in the median of the roadway. When he returned his gaze to the road, he noticed Reilly’s car was slowing down. He was unable to stop in time and rear-ended her vehicle. Reilly filed Reilly v. Watson, alleging liability on the part of Watson. In most rear-end collisions, the motorist in the rear is found liable, except in cases of mechanical failure, sudden stopping of the vehicle ahead, skidding on wet pavement or another unavoidable, reasonable cause. The jury did not find Watson liable because he provided the court with a nonnegligent explanation of the accident.
Gobble Gobble Choke
Helen Silva was eating a plate of turkey, dressing and vegetables at Woolworth’s restaurant in the fall of 1938 when she choked on a small bone. She was able to eject the bone with the help of a bystander. She sued the restaurant for injuries, including embarrassment and medical fees of $36. Liability for choking is determined based on the nature of the object; if it is foreign to the dish served, there is liability on the part of the dish’s producer.
In this instance, the turkey bone was found to be natural to a plate of roast turkey, just as fish bones could reasonably and naturally be found in a plate of fish; the presence of the bone does not render the food inconsumable. A consumer of the turkey dish should therefore anticipate the presence of and take care to avoid swallowing bones. The original judgment of $500 to the plaintiff for general damages was reversed.
Deadly Dinner
On Thanksgiving 2009 in Jupiter, Fla., Paul Merhige arrived uninvited to a family celebration. Witnesses reported that he shot and killed four of his relatives, including 6- year-old Makayla Sitton. A lawsuit filed by Makayla’s parents, Jim and Muriel Sitton, charges Michael and Carol Merhige with negligence, alleging that they knew their unstable son would be attending the party but failed to keep him from doing so. The plaintiffs’ attorney even went so far as to suggest that the Merhiges had “some sense” that their son might become violent to the point of murder, but chose not to warn guests or attempt to stop Paul from killing. Judge Meenu Sasser threw the lawsuit out, stating that the Merhiges could not be held accountable for the actions of their adult son. He also threw out a similar lawsuit filed by Patrick Knight, husband of a pregnant woman who was one of the four victims. Paul Merhige was sentenced to seven consecutive life sentences after entering a guilty plea in the deaths of four of his family members. The Sittons are seeking an appeal.
A Holiday for All
In 2009, Promila Awasthi filed a lawsuit alleging that her bosses at Infosys’s Fremont, Calif., office made fun of her and refused to pay her overtime when she worked American holidays such as Thanksgiving. They mocked her for supposedly lacking family values and being too American despite her Indian heritage. The harassment did not end even after Awasthi has resigned. Awasthi alleges that management called her children “ABCD,” short for “American- Born Confused Desi” and “IBCD,” short for “Indian-Born Confused Desi,” which are both derogatory terms used to criticize Americanized people of Indian ancestry. She filed several causes of action including national origin/ancestry, gender, age, and religious discrimination in violation of California’s Fair Employment and Housing Act; failure to pay overtime and intentional infliction of emotional distress.
Well, I hope that gives you something to think about as your guests are enjoying the goose that’s on the table, and the pudding made of fig. I just hope that the blue and silver candles on your table don’t set on fire the hair in Grandma’s wig…or we’ll be dealing with another lawsuit!
Around town this month, congratulations to Dina Bruno of MetLife, Chair of the Programs Committee of PIA of NY’s Young Insurance Professionals in organizing our charity event for “Jocelyn’s Operation Charity” which raises funds to distribute holiday gifts to children in need. Thanks to all those in this thing of ours who attended the event at Kodiak’s Restaurant in Farmingdale, NY, and who generously donated to the charity as we raised a ton of money for this wonderful organization! A very special and warm-hearted “Thank you!” to Joseph V. Raab, JD, CPA, Executive Vice President, COO and Johanna Keep Vice President Personal Lines at CBS Coverage Group Inc., for organizing and bringing to us this wonderful charity…great job Joe and Johanna, and thank you so very much for what you do for the kids in our communities!
To all of you out there, “Thank You!” for sharing another year with me and this column, and I hope that you have enjoyed reading it as much as I have enjoyed bringing it to you. From Ann Marie, Devin, Jessica and me to you and your families, a very happy and healthy 2013…and to infinity and beyond! Ciao for now! Michael Loguercio is the Regional Sales Manager for EZ Lynx; and active Past President of the Young Insurance Professionals of New York State. He is a current ACT/AUGIE, Professional Insurance Agents of New York State, Independent Insurance Agents and Brokers of New York State, and Council of Insurance Brokers of Greater New York committee member. In 2010 Michael was honored with the NY-YIP/PIA Insurance Professional of the Year award; and in 2012 with a NY-YIP/PIA Lifetime Achievement award. Michael is also Chair of the 2013 Professional Insurance Agents Regional Awareness Program on Long Island.
In his community, Michael is President of the Longwood Central School District Board of Education on Long Island, NY; is a Director on the board of REFIT NY (Reform Educational Financing Inequities) and is a member of The Middle Island, NY, Rotary Club and Central Brookhaven Lion’s Club.
Michael is a regular Contributor to the Insurance Advocate since 2008, and may be contacted at 631-345-9359 or michael.loguercio@ezlynx.com.You may also follow him on Twitter @MLoguercioJr; and on Facebook @ Michael Anthony Loguercio Jr.
