HoHoHo! Holiday parties are kicking off in full swing. We all enjoy visiting with our friends and co-workers after hours during the holiday season. Good food & spirits usually adorn the tables, folks dressed in their winter finery, and old friends enjoy some time together. The issue that comes up year after year is who is responsible for the alcohol? This is an extremely important consideration to make when planning your event. Below is an excerpt from the Substance Abuse Program Administrators Association weekly email, received in my office today.
A federal jury in Detroit Michigan is hearing a wrongful death lawsuit arising out of a traffic accident that killed a mother and her two children when an SUV driven at 70 miles an hour by a sales executive for UGS (now Siemens) plowed into the back of their car. At the time of the afternoon accident, the sales executive had a blood-alcohol level of 0.43; the legal limit in Michigan is 0.08.
The UGS employee was the Executive Director for global sales in charge of a sales team. UGS enrolled the executive in an abbreviated five — day rehabilitation program approximately 5 months before the accident based upon suspicion that he had a serious drinking problem. The trial testimony thus far is that he continued to exhibit signs of alcohol abuse and it was obvious to numerous UGS employees that he continued to have a serious drinking problem. The executive was on his way from work at the direction of his boss to see a psychiatrist’s about his drinking problem and to report back with the doctor’s recommendations for treating his alcohol problems. The allegation is that the company knew or should have known that he was intoxicated while at work the day of the accident when he left it 2:30 pm; a blood sample was taken at 5:15 PM that same day showing a blood-alcohol level of 0.43. USG says that it has no liability for its employee’s conduct and that the executive alone is to blame.
The UGS executive was sentenced in April 2006 to 19 to 30 years after pleading guilty to second-degree murder in the deaths of the family members. The jury will decide whether UGS knew or should have known that the executive was drunk at the time he left the company office and should have take steps to detect such and stop him. The company has denied any responsibility.
No matter how this turned out in the courtroom, there is, clearly, no winner here. Such tragedy can be averted by using simple tactics of decision making ahead of time. Designated drivers are imperative. Cab rides or hotel rooms for your staff can also reduce or eliminate risk. Or perhaps consider an alcohol free event. There is nothing more valuable to us than life itself. Driving after drinking is risky business. REDUCE the RISK and ARRIVE ALIVE, DON’T DRINK and DRIVE.
