With the World Cup and a heatwave arriving together, now is the time when many people will be hosting barbecues and parties at home. Most hosts may be preoccupied with what to eat, who to invite and where they are all going to sit. However, the safety of those invited should also be considered as many hosts will be unaware that there is a legal duty of care.
But what does ‘duty of care’ actually mean? James Cooper, Trading Director at specialist insurer Everywhen says: “This is a frequently used phrase, but in legal terms it does mean something for every host. Under the Occupiers’ Liability Act 1957, if someone is invited into a home or garden, the host must take reasonable steps to keep them safe.
“‘Reasonable’ is the key word. There’s no way to remove every single hazard, but hosts are expected to think ahead. If a risk is foreseeable and preventable, then they should take measures to address it. This is just an extension of what good hosts do anyway.”
Don’t overlook the small stuff
If something goes wrong at a hosted event, it’s not normally a dramatic incident, but because of oversights such as a polished floor that’s become slippery, a rug not quite sitting flat, or an extension cable trailing across a room. If the event’s taking place in a garden, it can be uneven paving or hard-to-see steps, slippery decking or loose gravel paths and dimly lit areas that could cause a problem. These are the kinds of things hosts don’t usually notice, until someone gets hurt.
If children are invited, they don’t tend to see risk in the same way as adults, so hosts are expected to take extra care. Things to consider are pools, ponds and hot tubs, stairs, balconies and low windows, fires, heaters and barbecues. Also, garden furniture and anything else that can be climbed upon.
Drastic action isn’t necessary, it’s just thinking about how a child might move through the event space, and the sorts of things that could get their attention. Simple measures like covers, barriers, and supervision can make a big difference.
If there’s an accident involving alcohol at an event on domestic premises, it may be covered, depending on the level of cover provided by the insurer. However, there can be a problem if the insurer thinks poor judgment had something to do with the accident. For example, if a guest is served a bit too much to drink and the host doesn’t intervene, an insurer might want to assess the situation and see how responsibly the event was handled, which could affect the success of any claim.
This isn’t to suggest that guests should be policed, instead, the host should try to create the right tone for the evening, from the beginning. Pace drinks, offer food, and keep an eye on how the evening is progressing.
Often forgotten, but easily addressed
Some of the most avoidable issues are also the least obvious ones. Food is a good example. Allergies, intolerances and dietary requirements are far more common than they were, so it’s sensible to check what guests can and can’t eat, before the event. Make sure there’s a clear space for coats and bags and anything else guests may leave in the host’s house and think through parking arrangements beforehand.
Where insurance fits in
James Cooper concludes: “Most standard home policies include personal liability (or occupier’s liability) cover. This covers householders for situations where a guest is injured, all the way up to the unlikely possibility of a guest taking legal action against their host. However, there are limits. For example, ticketing the event turns it into a commercial occasion and, if the guests behave recklessly, standard cover may not be enough.
“Features and benefits will differ between insurance providers, and that includes the terms, conditions and exclusions. So, understanding the home policy is essential.”
