Q: 5 volunteers are organizing 50th HS reunion in NY. Facility has $1M liability ins. Should the 5 also get liability ins?
Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to attend)? If an attendee to reunion who consumed alcohol (whether or not they were above legal blood alcohol threshold for driving) then gets injured or killed, and/or injures or kills someone else, is only the Moose Lodge subject to being sued or should the 5 volunteers also consider getting liability insurance?
A: Hard to say without reviewing the terms and conditions of the Moose Lodge's liability policy. It might be easier (and cheaper) to speak with the lodge's insurance broker and ask to have the volunteers added as "additional insureds" under the existing policy. Either way, if the volunteers are only organizing the event and not the ones serving alcohol to attendees (and do not have control over the serving of alcohol), it'd be a stretch to hold them legally responsible for the lodge's violation of New York's Dram Shop Act (General Obligations Law § 11-101).
A:
I'm sorry to hear about the concerns regarding liability for your upcoming reunion. When organizing an event where alcohol is served, liability is an important factor to consider, and ensuring that all parties are adequately protected can help prevent potential legal and financial risks.
In New York, liability for alcohol-related injuries or accidents typically falls under the state's Dram Shop and Social Host Liability laws. Under General Obligations Law § 11-101, a business or individual who unlawfully provides alcohol to someone who later causes harm may be held liable. This generally applies to establishments that serve alcohol to minors or visibly intoxicated individuals. Additionally, under General Obligations Law § 11-100, individuals who provide alcohol to minors can also be held responsible if the minor causes injury or damage. If the Moose Lodge is responsible for selling and serving alcohol at the event, liability will likely rest with them. However, if the volunteers play a role in distributing alcohol, managing drink tickets, or allowing underage drinking, they could be at risk for liability as well.
Local laws in Suffolk County and the Town of Huntington may impose additional requirements or regulations regarding alcohol service and event liability. Some municipalities require permits for events serving alcohol, and liability may extend beyond the venue to those involved in planning and organizing. Checking with local authorities or an attorney can clarify whether additional legal obligations exist.
Even if the Moose Lodge has liability insurance, it is important to determine whether that insurance extends to the volunteers organizing the event. Some policies may only cover the venue itself and not individuals involved in planning. If an attendee were to suffer harm or cause an accident after consuming alcohol at the event, the injured party could potentially file a lawsuit against multiple parties, including the facility and the event organizers. If the volunteers do not have coverage under the facility’s policy, they could be personally responsible for legal fees and damages if a claim is made against them.
Obtaining event liability insurance is a precaution that could provide significant protection. Such insurance can cover bodily injury, property damage, and legal costs associated with a lawsuit. If purchasing separate liability insurance is not an option, the volunteers should consider steps to limit their exposure. Confirming the scope of the facility’s insurance coverage, ensuring that the venue handles all alcohol-related matters, and requiring attendees to sign waivers acknowledging personal responsibility for their actions can help reduce the likelihood of liability claims.
Since alcohol-related liability can be complex and local laws may vary, consulting with an attorney is recommended to review the facility’s insurance policy and assess whether additional coverage is necessary. Taking proactive steps now can help ensure that all volunteers are protected from potential legal consequences.
Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.
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