Alcohol and the Holiday Office Party
Alcohol and the Holiday Office Party by Brian Walker
Holiday office party season is here. The fun and celebration come with the risks associated with office sponsored holiday events, especially when serving alcohol. This article briefly summarizes the law related to office party / social host liability.
In Washington, an employer can be liable for injuries caused by an employee who consumes alcohol at an employer sponsored event, such as the annual holiday party. Liability attaches when the employer had the authority to deny further service of alcohol to the employee, which is normally the case when an employer sponsors a holiday party. Although, this rule often protects an employer from liability for accidents that arise from unsanctioned office events, i.e., when a group of employees has drinks together after work.
Liability for alcohol related accidents (e.g. drunk driving) attaches when the employer serves someone visibly intoxicated and had the authority to deny service.
Even when an employee is not visibly intoxicated, liability can also attached. In the Washington State Supreme Court Decision Dickson v. Edwards et al, employer liability arises when the employee consumed alcohol at a party hosted by the employer, the employer requested or required the employee’s attendance, and the employee (not the employer) knew or should have known the employee would operate a vehicle upon leaving the event.
In Dickson v. Edwards, Kaiser Aluminum employee William Dickson injured Ersel Edwards after Mr. Dickson over-drank at a Kaiser office banquet held at the Red Lion Inn. Mr. Dickson then drove up the wrong way on a freeway off ramp and crashed into Mr. Edwards' car. Mr. Edwards sued Mr. Dickson, Kaiser Aluminum, and the Red Lion Inn. Kaiser Aluminum had held the banquet to honor its long term employees, paid for dinner and provided free drinks, and encouraged Mr. Dickson to attend. While the banquet was arguably a voluntary social function, the Supreme Court ruled that Kaizer could be liable for Mr. Dickson's injuries, because it could have denied service to Mr. Dickson, may have served a visibly intoxicated Mr. Dickson, and Mr. Dickson knew he would drive to leave the banquet.
One lesson from Dickson v. Edwards is that while office holiday parties should be celebratory events and fun, human resources and other management personnel should stay vigilant and plan ahead. Office supplied taxis made know in advance to employees can help mitigate potential liability. Also, office management needs to know when someone has had enough fun, deny further alcohol service and be driven home.
Brian A. Walker helps businesses and individuals in employment, business, and real estate related litigation and transactions from the Wenatchee office of Ogden Murphy Wallace PLLC. bwalker@omwlaw.com / (509) 663-1954
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