Thanksgiving is a time of year that many hosts and guests try their hand at complex dishes, like turkey and other holiday staples. But what happens when something isn’t cooked right and guests get sick?
Foodborne illness sickens 1 in 6 Americans each year, the Centers for Disease Control and Prevention reports. Salmonella, a common pathogen found in raw turkey and other poultry, can cross-contaminate foods on the dining table.
If you get sick or injured at Thanksgiving dinner, could the host be held responsible? Here’s what to know.
The host’s food got me sick. Can I sue?
You can try, but it’d be a tough case to prove, said Jay McDivitt, an attorney with Cannon & Dunphy. The firm specializes in personal injury claims. He says guests would have to test samples of each food item on the dinner table to prove the food got them sick and show medical records.
The costs for testing would add up quickly and likely not pay off, McDivitt said. Cannon & Dunphy rarely sues individuals because they claim bankruptcy and no one gets paid.
“I wouldn’t take that case,” McDivitt said. “I don’t want to sue your mother-in-law.”
How does that differ from a food poisoning case against a restaurant?
Businesses that handle and prepare food must follow food safety guidelines. Home-cooked meals don’t.
No matter the circumstances, complainants would have to collect medical records, lab tests and expert testimony to link the illness to the contaminated product. Since restaurants likely have insurance, there’s a better chance the lawsuit could recover damages for medical expenses, lost wages, and pain and suffering.
Can I be held responsible for injuries at my party?
Yes, it’s possible. If a guest slips and falls or hot food spills on them, they could recover damages.
The best way for hosts to protect their guests and themselves is to have homeowners or renter insurance, McDivitt said. Most homeowners insurance has a no-fault policy that will cover out-of-pocket medical expenses for guests accidentally injured on the property.
Can I be held responsible for providing alcohol to underage guests?
Hosts can be fined for providing alcohol to people below the age 21, according to the state’s Social Host Liability law. It’s a municipal violation with a fine up to $500 for the first offense.
However, in Wisconsin, minors and young adults can drink alcohol legally in the company of their parents, legal guardian or spouse who is of age.
How can hosts and guests avoid these issues?
McDivitt’s advice is short and sweet:
“Wash your hands, and you know, cross your fingers and pray,” McDivitt said.
Gina Castro is a Public Investigator reporter for the Milwaukee Journal Sentinel. She can be reached at GCastro@gannett.com.
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This article originally appeared on Milwaukee Journal Sentinel: Can a guest sue me if they get sick at my Thanksgiving dinner?
Reporting by Gina Lee Castro, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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