Oh no, not the macaroni salad! Poisoning the guests at the BBQ you host seems like a nightmare, but you won’t have to worry if you plan ahead, and you make certain insurance and safety considerations prior to the event.
Make sure to have homeowners or renters insurance liability coverage, which has the potential to cover medical expenses and legal fees, and you can even secure umbrella coverage, which should provide additional liability coverage beyond what’s included in these other foundational policies. Review the policies, including their limits and exclusions, to make sure they have medical payments coverage, which can provide for the medical expenses of guests injured on your property regardless of who is at fault.
As general practice, to prevent food poisoning or similar issues at your BBQ, make sure you and others who are cooking the food are adhering to safe food handling and preparation practices to prevent such incidents in the first place. This includes proper food storage, cooking meats to safe temperatures and avoiding cross-contamination.
Be sure to maintain your BBQ equipment, like your grill, and only use them outside, well away from the home, any decks or outside furniture. Clear them of any old fat or grease buildup and keep pets and children away. Never leave a grill unattended, and keep intoxicated guests away from grills—some states have social-host liability laws that could hold a host responsible for accidents caused by intoxicated guests.
If something unfortunate should happen, try to document everything you can, including what happened, what was served, how it was prepared and any communications with the guests about the incident. Lastly, give your independent insurance agent a call—and if an event such as this occurs and you anticipate any type of legal action, consult with a legal professional.
Danielle Caswell, Esq.
Danielle Caswell earned her bachelor’s degree from New York University and her law degree from Brooklyn Law School with a particular focus on intellectual property, information, and media law. Previously, Danielle was an associate at a law firm in New York City where she focused primarily on intellectual property and entertainment-related transactional and litigation matters.
