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Your Holiday Party Security (and Liability) To-Do List

A few to-do's before you pop corks to ensure a safe, secure, lawsuit-free fete

By James Young

December 01, 2006 — CSO — Suggestions from James A. Young, a litigator and managing shareholder of Christie Pabarue Mortensen and Young, of Philadelphia, known for insurance defense litigation.

Prepare a pre-party memo. Don't assume that standard employee conduct codes, which generally address alcohol and sexual harassment, cover you at a party. "The places where liability will arise at a party are not the places you're already policing," Young says. The Party Security Memo (see top of page) will include rules and definitive expectations of party-goers. Young understands that such a memo could be seen as a major buzz kill before the party starts but says there are ways to craft the memo so it's clear and pleasant.

Inspect offsite premises. Or as Young cleverly puts it: "Lack reliance on the inn keeper." Your job is to keep your employees safe and secure, which could include inspecting the facilities, locating and examining fire exits, and understanding the surveillance policy in place at the hosting site. Do not be afraid to demand to inspect safety certifications to make sure they're all up to date. After all, you're paying them to have all that in order.

Appoint party marshals. A holiday party needs a preappointed marshal, or several if it's a big event.

Lay out the marshals' responsibilities for the evening—controlling disruptive guests, diffusing confrontations, eyeing the winter weather, making sure intoxicated guests get home safely and ushering lingerers out at the end of the night.

Set aside extra money for transportation. "I'm familiar with cases where a company provided a

shuttle bus from the party back to the office parking lot," Young says. Of course, that leaves some

tipsy (and worse) employees to then drive home. Plan to have enough money to get people to their

front doors.

Gather intel. Take a little time to understand the dynamics of your office and the personalities and potential problem guests (such as troublemaking spouses). Know which workers aren't getting along,

At the party, let the catering or bar service know if it's time to cut off a guest. "Most employers are pretty well aware of their problems; they can't be ignored," Young says.

Check your insurance. Policies have exceptions. Are kids at the party? Is it offsite? What's the host's coverage? If you hire security, what's their insurance? Brush up on this before your broker tells you that a loophole means they won't cover the damage caused at your party. Young knows of companies that tried to avoid liability issues by smudging the line of responsibility. Two employees plan the party and the company donates minimal resources so that, if something happens, insurance investigators (or potential plaintiffs) would have a hard time determining whose party it was. Young says: "If it's a party management knows about and has any connection to, financial or otherwise, it's an office party.

Therefore, take charge."