Q: If someone is injured at my Christmas or New Year’s Eve party, am I liable?
A: The short answer is: it depends.
Your duty as a host
When you invite people into your home, you owe them what’s known in law as a “duty of care.” That means taking reasonable steps to make sure your property is safe. It doesn’t mean your house has to be perfect but it does mean fixing obvious hazards or warning guests about them.
For example, if there’s a broken step on your deck, a slippery patch around the pool, or fairy lights creating a tripping hazard, you should repair them or clearly point them out. If someone slips on something that any reasonable person would have noticed and fixed, you could potentially be found negligent.
What about alcohol?
Festive celebrations often come with a few glasses of bubbly – but hosts should remember that alcohol-related injuries are common. If someone leaves your party intoxicated and injures themselves (or others), there’s usually limited legal liability for a private host. However, if you kept serving someone who was clearly drunk or encouraged unsafe behaviour, for example, letting a tipsy friend drive home, you could be criticised for contributing to the risk.
A good rule of thumb? Offer plenty of food and water, arrange Ubers or designated drivers, and gently step in if someone’s had one too many.
Insurance and peace of mind
Most home and contents insurance policies include public liability cover, which protects you if someone is injured on your property and makes a claim. It’s worth checking your policy before the party season, a quick call to your insurer can confirm your coverage and any exclusions.
If you’re hosting at a hired venue or holiday rental, make sure the property owner also has appropriate insurance. Some short-term rentals specifically exclude events, so double-check before planning a big bash.
The bottom line
You don’t need to cancel Christmas! The law simply asks that you be reasonable and responsible. Keep your space safe, supervise around pools or trampolines, manage alcohol sensibly, and make sure everyone has a safe way home.
That way, you can relax and enjoy the festivities, knowing you’ve done your part to protect your guests (and yourself).
From my family to yours – wishing you a safe and happy holiday season.
Contact the DBH Lawyers team on Freecall 1800324324 for your personal injury queries.
dbh.com.au
