PERSONAL LIABILITY PARTY: CONCERNS WITH USING A VENUE By Kevin C. Amrhein, CIC If you spent much of last spring getting sloshed on Zoom, you weren’t alone. Just in case you forgot, here is a recap of what was happening at the time: nothing. No wedding receptions, no birthday parties, no social gatherings. This spring, in many areas, restrictions on gatherings remain and likely will for the foreseeable future. In other areas, relaxed restrictions mean businesses which rely on such are welcoming guests with open arms and broad hold harmless agreements. If an insured wants to book a venue for a reception,
4
birthday/graduation party, or any gathering, what should he/she expect from the ISO homeowners (HO) policy?
THE BIRTHDAY PARTY EXAMPLE The plans we made last April for our daughter’s birthday party were abruptly cancelled by the venue – the downtown Science Center which offers “‘Everything is Awesome’ Lego Parties” for kids. (She and her friends were devastated when “COVID the Clown” pooped the party.) I had signed the paperwork, including a contract in which I agreed to hold MAY 2021
the venue harmless for claims of liability arising from the party. Should a guest blame the venue for a slip down the stairs, scalding a lip on piping-hot pizza, or taking a tossed Lego block to the eyeball, it was on me. Should the venue be blamed when a partygoer damages another guest’s property – like when the kids break the photographer’s equipment or the DJ’s lighting display – it was on me. I further accepted responsibility for any damage caused to the venue’s property. Had this party actually happened, I’d have been on the hook for the actions of two-dozen amped-
