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Posted: 2002-02-07 08:39
I would like to hear some thoughts on serving alcohol at a company sponsored event such as picnics, holiday parties etc.
klazo
Joined: Jan 11, 2002 Posts: 105
Posted: 2002-02-07 08:52
That's easy - don't do it.
nork2
Joined: Sep 13, 2001 Posts: 1037
Posted: 2002-02-07 09:16
You'll have to weigh the potential liabilities against the benefit of serving alcohol at these events.
If you simply put out a keg and don't monitor it, you're liability can be enormous if someone overindulges, drives home and on the way either injures him/herself or someone else.
You might want to talk to your corporate attorney about this one. States have different laws/decisions on this subject. In some, for example, you can simply hire a caterer/bar service to serve the beverages and avoid a lot of potential liability.
uksarge
Joined: Jan 08, 2002 Posts: 380
Posted: 2002-02-07 10:38
The bottom line is, "How much risk are you willing to take?" I would consider having transportation available for those who do indulge. However, DUI isn't the only potential undesirable outcome. As alcohol intake increases, inhibitions relax and sometimes people make inappropriate remarks, etc. If it's a company-sponsored gathering, that would be something you can't ignore.
Forum Hosts Legal Forum Host
Joined: Dec 20, 2001 Posts: 521
Posted: 2002-02-07 12:54
As one of the responders points out, the issue here is: how much risk are you willing to take? Some companies find that, at least on certain occasions, there are business advantages to making alcohol available. That decision entails a certain level of risk that the company may be sued and/or held liable under any number of theories, a few of which we describe below.
1. Harassment. Without belaboring the point, there is some reason to think that the presence of alcohol at a company-sponsored event increases the likelihood of harassment, whether based on sex or another protected group. Moreover, jurors may consider alcohol consumption as a contributing factor to the harassment in a particular harassment case.
2. Personal injury. Assume, for example, one of your employees drinks (more than the company might desire) and then gets involved in an automobile accident. Depending on the particular circumstances and state law, there may be some risk of liability.
3. Workers' Compensation. Imagine an injury at the event itself....
You get the idea. These legal risks can be reduced (not eliminated) with a well-drafted and implemented policy. See legal counsel.
beegl
Joined: Sep 13, 2001 Posts: 403
Posted: 2002-02-08 06:58
OK, so where does the liability lie if, at a company sponsored event, the employer states that the company will not pay for any alcoholic beverages, but an employee bellies up to the bar and partakes on his own dime? What happens then if the employee hurts him/herself, harasses someone or gets into a car accident on the way home?
Forum Hosts Legal Forum Host
Joined: Dec 20, 2001 Posts: 521
Posted: 2002-02-08 07:28
Quote:
On 2002-02-08 06:58, beegl wrote:
OK, so where does the liability lie if, at a company sponsored event, the employer states that the company will not pay for any alcoholic beverages, but an employee bellies up to the bar and partakes on his own dime? What happens then if the employee hurts him/herself, harasses someone or gets into a car accident on the way home?
Well, there is good news and then there is not so good news. I could see the following possible outcomes --
- The employer would not be liable to the employee because the exclusive remedy would be workers' compensation. The bar, however, could be liable.
- The employer could be liable to the employee for negligence in allowing the employee to drink himself into such a state that s/he cannot function. The bar could be a nice co-defendant.
- The employer could be liable to the estate of the person the employee ran over after leaving the bar drunk. The bar could also be a nice co-defendant. (Workers compensation would not preempt these claims because the former person killed by the drunk employee was not an employee of the company).
Bottom Line - Never Say "Bottoms Up" at the Office Party, at least without monitoring the folks who drink and providing rides for those who drink too much.
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Posted: 2002-02-07 08:39 
