Employee's Alcohol Consumption At Office Parties

Employers Can Be Liable For Employee's Alcohol Consumption At Office Parties. $3,900,000 settelement.

Holiday parties are a time to celebrate, relax and un-wind from the daily responsibilities brought on by work. However, these parties can also generate irresponsible behavior when alcohol is involved and precautions by both the employer and the employees need to be a high priority. On December 15, 2007, after a holiday Christmas party, the employee was one of the last to exit and was intoxicated. Designated employees at the party were in charge of monitoring alcohol consumption by those who intended to drive, although, there was no official policy implemented. Employees commented that they did see the defendant drinking throughout the night but made no assurance that the defendant was sober to drive. Upon leaving, the employee (soon to be defendant) was intoxicated and drove on the wrong side of Interstate 95. After almost colliding with a truck at 70 mph, the employee proceeded to speed and drive on the wrong side of the Interstate, resulting in two accidents. During the event of the first accident, the defendant fled the scene. The second accident, unfortunately, shared a more devastating fate.

The employee/defendant, still driving on the opposite side of the road, swerved and caused a head on collision with the Plaintiff's minivan. The plaintiff's minivan became airborne, hit a guardrail and overturned, resulting in lifelong injuries for the plaintiff. These injuries were extensive and included head trauma and brain injury which resulted in neurological dysfunction. Other injuries included a broken right femur, torn meniscus, lacerated liver, lacerated right heel and right eye, and bruised right hip and pelvis, loose teeth, contusion to the eye, dislocation and fracture of left wrist, right shoulder separations, back strain, depression and other conclusive injuries. During the proceedings for this case, the plaintiffs council found the employer responsible for the defendants negligence and reached a settlement of 3, 900,000. Although this case was in favor of the plaintiff, unfortunately the injuries that resulted are potentially permanent. This example demonstrates the accountability an employer can have when employees drink and drive after a work event.

Employers should think carefully before deciding to serve alcohol at an office function and, if the Employer does, the Employer must put into effect and enforce monitoring programs.