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OCTOBER 2012
WHAT HAPPENS AT THE HOLIDAY PARTY…CAN COME BACK TO HAUNT YOU J.EdWaRd Enoch, J.d. | Business Attorney
I
t seems like we read about a different drunk driving accident each week in the local newspaper, and with the upcoming holiday party season, it is appropriate to revisit an issue I have addressed in this column before, Social Host
Liability. The time has come for those of us in management to provide a party for our staff to show our appreciation for their work and celebrate another year. In my experience, holiday parties are fraught with as much opportunity to damage morale as to improve it. From the company’s perspective, alcohol at a company party includes the possibility of “social host liability.”
In Georgia, social hosts can be held liable for the damage caused by someone to whom they serve alcohol if the person either--(i) was not of lawful drinking age, or (ii) was noticeably intoxicated at the time he or she was served--and the host knows the person will soon be driving a motor vehicle. In South Carolina, social host liability is limited to hosts who serve alcohol to persons under the legal drinking age (including providing open access, such as a keg). As the party planner, you can always play it safe. You can have a risk-free party and not offend anyone. Authorize a 15-minute break during the workday, pass out cupcakes and sing Jingle Bells. On the other end of the spectrum is the off-site, open bar, employees only throw-down. Remember, all things in moderation. Here are some tips to help keep the party in check and still have a good time: 1. Invite spouses if the party is after business hours; 2. do not serve unlimited free
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alcohol. If the party is a dinner, have an open bar for 45 minutes or an hour before dinner and then go to a cash bar. Hand out two free drink tickets to each person; 3. serve protein rich foods as they slow alcohol absorption; 4. do not serve unattended alcohol (e.g. a keg) particularly if there are minors attending the party; 5. hire a professional bartender and be sure they have liability insurance to cover serving liquor; and 6. Provide cab service to anyone who requests it or who becomes visibly intoxicated. Help your employees have a safe and happy holiday!
J. eDWARD (eD) enoCH This is a sponsored Law Talk article. His practice focuses on business, employment, and real estate law. He is a 1992 Magna Cum Laude law school grad from Washington and Lee School of Law. He’s served in many leadership roles for SHRM, Rotary, the Family Y and the United Way. Reach him at (706) 738.4141 or jenoch@enochlaw.com
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