Who bears responsibility if someone has too much to drink at an employee farewell dinner?

Question Details:

Employees will be meeting after work at a restaurant for a farewell dinner. Each employee is responsible for their own tab/drinks. Company money will not be involved. This is not a function of the organization. Who is liable if something should happen?

Asked 7/12/2011 under Employment and Labor | 93 View(s) | More Legal Topics

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Employment and Labor Law Answers

Good question. Assuming the farewell dinner and send off is not a company sponsored event and assuming some person gets injured in an alcohol or non-alcohol related incident at the send off or immediately after its ending, the employer for all the employees would not be responsible for any injuries or damages.

Rather, the person causing the injury and or damages would be ulitimately responsible.

However, in some States in this country, the restaurant's owners hosting the farewell dinner could potentially be responsible for any alcohol related injuries (in addition to the person actually causing the injury) to a third person or even a guest of the restaurant who is an employee of the company who happens to get injured under statute for knowingly serving alcohol to an intoxicated customer. Facts for possible liability and damage responsibility would vary under the circumstances leading to an incident.

Gven the known dangers of drinking and driving, a designated driver or a cab for the attending employees at the send off is a good idea.

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