Holiday Parties May Pose Legal Pitfalls for Businesses and Private Party Givers

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December may bring more than holiday cheer for many Americans. A survey released today reveals that holiday parties in homes and offices may result in trips to the courtroom for some. A nationwide survey assessed Americans' vulnerability to common legal pitfalls during the holiday season. Harris Interactive conducted the survey.

Hosting a Party at Home Involves More Than Planning A Menu

Nearly one-in-four (24%) adults do not know that a party host who serves alcohol to a clearly inebriated guest may be legally responsible if that person goes on to hurt or kill someone in a car accident. Yet one-in-five adults will host a party at which alcohol will be served this season.

"Most states have 'social host' laws, which hold party hosts liable in certain situations if their guests who drink cause serious car crashes," said Alan Kopit, legal editor of

"Such hosts may unwittingly put themselves in legal hot water by not carefully monitoring their guests' intoxication levels, particularly when they get in their cars. A few precautionary minutes when planning parties can save time, money and the heartache of the legal ramifications of a guest's crash." Kopit added.

Check Your Coat, But Not Your Professionalism, at This Year's Office Party

Holiday office parties pose additional legal risks, the survey also uncovered. Twenty-nine percent of Americans have experienced or observed sexual advances between people who work together at such gatherings, more than at any other work event during the rest of the year, including those that occur after-hours or on weekends or at the office during the work day.

"An office party can be the site of a sexual harassment situation just as much as the office," said Kopit. "Many people view an office holiday party as a fun, carefree gathering of colleagues, during which normal professional expectations are relaxed. In fact, from a legal perspective, just the opposite is true."

According to Kopit, the responsibility to ensure legal safety at holiday parties falls under the purview of business owners. According to the survey, however, many businesses regularly fail to take necessary precautions. Just 16 percent of Americans say that policy and behavior expectations, including those involving sexual overtures among colleagues, have ever been distributed prior to any holiday office party they attended.

Moreover, only 12 percent have been at a holiday office party at which car keys were collected and returned only to sober drivers. Less than one-in-three (30 percent) have gone to an office party at which taxi or designated driver service was provided to any employee who needed it.

"There's no reason a business shouldn't celebrate with its employees at the end of the year," said Kopit. "But anyone responsible for such an event should make sure the business, and those attending, are legally safe. Letting everyone attending explicitly know what behavior is prohibited - including that which is flirtatious or sexual - can help remove sexual harassment problems."

"Keeping employees from driving after drinking at the party reduces potential liability of the business, and helps ensure guests stay safe and healthy to enjoy the New Year," Kopit added. "If a business owner is in doubt about the proper procedures to put in place at their office party, he or she should discuss their options with an attorney."

Background and Methodology

Harris Interactive(r) conducted an omnibus study for LexisNexis Martindale-Hubbell The survey was conducted by telephone among a nationally representative sample of 1,051 adults comprising 519 men and 532 women 18 years of age and older, living in private households in the continental United States.

Interviewing for this omnibus survey was completed during the period November 19 - November 22, 2004. The margin of error for the total sample is plus or minus 3 percentage points.

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