When Holly Jolly Hurts: Santa Crawl Liability
It’s often taken for granted that the holidays are the favorite time of the year for children. But grown-ups want to get in on the fun too! Many adults treat the period between Thanksgiving and the New Year as a time to reconnect with old friends, make new ones, and let the warmth of festive company (as well as perhaps a few winter warmers of a different kind) chase away the doldrums so many of us feel in these dark, cold, short winter days. The “Santa Crawl” has become a popular modern holiday tradition in commercial and entertainment districts, as bars and restaurants collaborate with cheap food and alcohol to attract yuletide revelers. The result is a highlight of the season for many participants. But as with any event combining crowds, drinks, and dancing, it can turn hazardous if approached without due caution. Today’s blog post covers Santa Crawl liability.
Santa Crawl Liability and Slip and Fall Accidents
The majority of accidents suffered in festive bar crawls will fall under the field of premises liability. As a brief refresher; this field of personal injury law basically means that property owners are obligated to consider the safety of guests on their property. In the case of an establishment that’s open to the public (or at least the public above a certain age) such as a bar or restaurant, that usually means making sure floors are clear, stairs and railings are well-maintained and passable, and any spills or other hazards are marked with wet floor signs and cleaned in short order.
In practice, this can be rather difficult, especially when considering the dense crowds of a holiday bar crawl and the further hazards posed by winter weather. Premises liability extends to things like icy sidewalks as well, provided that the sidewalk in question is on the property of the business or home.
Santa Crawl Liability and Dram Shop Laws
Dram shop laws allow bars, restaurants, and other alcohol-serving establishments to be held financially responsible when they serve alcohol to minors or to patrons who are already visibly intoxicated in the case that their overserving a patron leads to someone getting hurt.
Dram shop statutes grew out of the Temperance movement, a widespread effort in the 19th and early 20th centuries to curb excessive drinking and the social problems associated with it, eventually culminating in the national Prohibition of alcohol. Although Prohibition was eventually repealed, dram shop laws remain in place in many states as a way to balance alcohol sales with public safety.
In modern legal use, a dram shop includes any business licensed to sell or serve alcohol, regardless of how it’s poured or packaged.
That means dram shop laws can apply to:
- Bars and nightclubs
- Restaurants and breweries
- Wine tasting rooms
- Stadiums and concert venues
- Liquor stores and package stores
During a holiday bar crawl, where patrons move quickly from one location to the next, multiple establishments may unknowingly serve the same individual within a short period of time. That’s where liability risks can compound.
A Note on Drunk Driving
In the modern age, it has never been easier to avoid drunk driving. Yet people choose to engage in this destructive behavior anyway. Perhaps the worst thing about drunk driving are the innocent motorists who suffer serious injury, loss of property, and emotional trauma through no fault of their own. These victims of drunk driving should outrage us all.
An average of 37 Americans lose their lives in drunk driving accidents each day, according to MADD (Mothers Against Drunk Driving). That equates to one death every 39 minutes. The National Highway Traffic Safety Administration (NHTSA) reports that 13,524 persons lost their lives in traffic accidents involving drivers who had an unlawful blood alcohol content in 2022. Another 2,337 people lost their lives in collisions involving drivers whose blood alcohol content was between 0.01 and 0.07. This indicates that around 37% of all traffic fatalities that year were caused by drunk driving.
Malloy Law has long advocated for responsible conduct when drinking, especially around the holidays. We cannot be firm enough about this: do not drink and drive if you are planning to attend a holiday bar crawl or other adult event. Make a plan and stick to it.
How Malloy Law Can Help
If you or a loved one has been injured while attending a Santa Crawl or other holiday event, Malloy Law can help. Our experienced team of personal injury attorneys will hear your case free of charge and plot a path to maximum compensation on your behalf. Don’t wait, contact Malloy Law today and let’s win your case.