Turkey? Check! Stuffing? Check! Pumpkin pie? Check! Lawsuit? Say what, now? That is not on the menu.
No one ever thinks about getting sued when they are busy preparing a tasty turkey feast for their friends and family. Yet, the risk is very real for hosts when they invite other people into their homes. From drunken driving accidents to choking on turkey bones, there is a host of things that can go wrong at holiday celebrations. Not to rain on your Thanksgiving-day parade, but hosts must consider the following steps to protect themselves against personal injury or wrongful death lawsuits during the holiday.
Whether you prepare the food yourself or order your holiday feast from a restaurant or caterer, there always is a risk for food poisoning claims from guests. Make sure all food you plan to serve is neither contaminated nor spoiled. Turkey should be heated to an internal temperature of 165 degrees Fahrenheit before it is safe to consume. If you prepare your turkey the day before, make sure you refrigerate it as soon as it cools to prevent spoiling. Follow proper food handling and storage protocol for all prepared foods. When in doubt about the safety of something, it is better to toss it out than risk making your guests ill.
Spoiled food is not the only mishap that can occur on Turkey Day. Choking always is a risk any time your guests consume foods, especially those like turkey that have bones. Be sure you or someone else in your home know how to perform the Heimlich Maneuver just in case.
Speaking of the kitchen, Thanksgiving gatherings center around preparing and enjoying food together. Keeping your guests out of the kitchen is the best way to avoid the kinds of cuts, scrapes, and burns that come with preparing food. If it is not possible to do so, then here are a few things you can do to protect them from injury and you from the liability:
Make sure you have a first aid kit on hand and well stocked in case any of your guests get injured. Band aids, gauze, medical tape, and tourniquets are some of the items to include in the kit.
Some holiday hosts avoid serving alcohol in their homes because they do not want to assume the responsibility that comes with making sure their guests do not drink and drive. According to one report, New Mexico has the third-highest number of alcohol-related motor vehicle fatalities during the Thanksgiving holiday.
Driving while under the influence is not the only risk when serving alcohol at your Thanksgiving dinner. Guests who become drunk and belligerent may cause injury to others in your home. It is best to either limit the amount of alcohol served or forgo it entirely.
Slip-and-fall injuries are a concern for property owners any time of the year, but especially during the holidays, when more people may be visiting. Before your guests arrive, make sure to repair any uneven flooring or sidewalk surfaces and ensure there is adequate lighting for all spaces where guests might move about. Keep floors, sidewalks, and stairways dry and clear of debris to reduce slips and falls. Uncluttering is another excellent way to avoid someone getting injured while on your property. Make sure there is ample room to move in any spaces where guests will gather.
Thanksgiving hosts, it pays to know what you can be held liable for before you agree to bring guests into your home this holiday season. If you are a guest in someone’s home during the Thanksgiving holiday and you suffer a serious injury because of the host or another guest’s careless behavior, you have rights. Contact an attorney skilled in personal injury law to schedule a free consultation to review your case.
Stay safe, everyone, and have a Happy Thanksgiving!
Bill Russell and Marcus Cameron are the faces behind Cameron & Russell. We go the extra mile for our clients to pursue personal injury claims and provide criminal defense. We approach every case with a fresh eye to detail and the determination to represent our clients to the fullest extent the law allows. We passionately defend clients facing criminal charges, and relentlessly seek out fair compensation for personal injury claims. No matter your situation, we promise to tirelessly represent your legal needs.
500 Marquette Ave NW Suite 1200
Albuquerque, NM 87102
Monday – Friday: 9am to 6pm