We hope everyone is enjoying their summer. The fun police are back this week with another article about all the ways that your good times can turn into legal headaches. When it comes to summer fun, the pitfalls are numerous, but the good news is that with a bit of common sense you can avoid most problems.
Let’s look at a few examples of trouble and how to avoid it.
House/Pool Parties
Friends are over, the sun is out, the pool is lukewarm. What could possibly go wrong here? Well, a few things.
Premises liability: If you are hosting a party on property you own or have control over, you are liable for injuries caused by dangerous conditions on the property that you knew or should have known of, or that you created. This can include dangerous people present on the property.
Tip to avoid: Make sure your homeowner’s insurance is up to date. This would also be a good time to fix any safety issues you know about and have been ignoring. Is everyone going to be entering your house on a wobbly front step? Pool railing broken? What about that hole in your lawn waiting for an unsuspecting ankle? Best to take a look and get these fixed.
Dog bites: Does your dog get too excited, anxious, or aggressive when strangers or a lot of people are around? Pet owners are strictly liable (meaning it doesn’t matter if you were negligent, i.e., careful or not careful) for injuries caused by their animals if they knew or should have known that the animal has dangerous propensities. Under the law, “dangerous” doesn’t always have to be “vicious” (as in Cujo), even though that’s a common term used when talking about dog-bite legal issues. (Note: did you see the article about the Biden’s dog having bitten multiple secret service agents? That’s probably a dog you want to keep away from your pool party.).
Tip to avoid: Put your dog somewhere it can’t escape or will not be walked in on, or out of the house completely. Warning people is not going to help you in this situation.
Dram Shop (furnishing alcohol to minors): New York’s Dram Shop law makes it illegal to furnish or procure alcohol for minors (under the age of 21). This is a good way to get into serious trouble during a house party if you serve minors. We all know or remember the parents who were loose with alcohol with the kids. Don’t be those parents.
Tip to avoid: Don’t do it and don’t turn a blind eye to it if it’s happening under your roof.
Boats
We all love a cruise on a summer evening. But a boat accident can quickly turn tragic when care and common sense are lacking. Most boat accidents are caused by excessive speed or reckless operation, and operating while under the influence. To avoid lawsuits and worse, use the same level of care you would in operating your car, make sure kids have lifejackets, and be prudent about alcohol use.
Summer Staff Parties
Does your company host summer soirées? In Saratoga, most of us love a good track day. But, at many of these parties, the drinks are flowing, and when that happens, folks get loose, and trouble isn’t far behind.
Sexual harassment or assault is an obvious concern particularly when alcohol is involved. If something happens at a work function, and it’s reported and the employer does nothing about it – or the perpetrator of bad behavior is the boss – it can result in a host of legal problems. Not only can this conduct implicate employment law issues, but intentional conduct by the boss can get around the Workers’ Compensation bar that usually prevents employees from suing their employer in negligence or for intentional torts (like assault or battery). And if the victim is a guest, and not an employee, they can also sue for negligence.
Tip to avoid: If you are the employer, the party pooper in us says spare your employees another work-related obligation and give everyone a mid-summer bonus. Barring that, keep an eye on how much alcohol is served and if someone is starting to behave badly, get them home safely. If inappropriate behavior is reported, take it seriously, don’t brush it off, do an investigation and, if appropriate, discipline or counsel the perpetrator. Don’t retaliate against the complainer or make them feel like they aren’t being protected – this is when people call lawyers.
If you are the employee, remember that this is fun but still work. Inappropriate behavior or offensive conversation can have repercussions. Most employees in New York are at will, meaning that you can be fired at any time for any reason as long as it’s not discriminatory or because of protected activity (i.e., retaliatory). As long as an employer applies its code of conduct evenly, it’s unlikely you’ll have any recourse if you’re fired for behaving badly at the summer outing.
Be safe out there and enjoy the rest of summer.
