The month of May marks the unofficial beginning of summer. For many people this means having guests over for barbecues and graduation parties.
While it should go without saying, it is always worth emphasizing the importance of supervision from the hosts of these parties, particularly when children are involved. While the tragedy of lost life or a catastrophic injury from a car accident or any other sort of accident is risk enough, a parent who allows alcohol at a graduation party is also at risk for losing their personal assets.
This is the case, for now, in Butler County, where the Superior Court held that the defendant’s homeowner’s insurance had the right to deny him coverage because his motor bike was involved in the injury.
In June of 2002, Robert Ross was the host of a graduation party where alcohol was made available to guests, including Kevin Wolfe, who was 19 years old at the time. According to the Court, Mr. Wolfe became impaired and when he left the party on a dirt bike owned by Mr. Ross, he lost control of the vehicle, and struck a fixed object causing him to suffer fatal injuries. Mr. Wolfe’s estate filed suit against Mr. Ross, but Mr. Ross’ insurance company denied coverage due to an exclusion in his policy for injuries arising out of the maintenance and use of a motor vehicle owned by the insured. The plaintiff argued that the cause of Mr. Wolfe’s death was the consumption of alcohol, more than the use of the motor vehicle.
While this matter is likely to be appealed to the Supreme Court, the holding is important because it is an example of the risk negligent actions have on both the person and the broader community.
If a homeowner allows for irresponsible drinking at his home, he not only risks personal liability for the resulting injuries, but he may lose the benefit of his insurance and then risk having to compensate the injured person or person’s family personally.
Learn more about the case above by visiting the PA Courts website.
Back To All of our Blog Stories A