Litigation value: $0.00 for a drunk, passed out (and likely concussed) Daryl, but Jim has a cause of action for battery against Belsnickel.
My colleague, Doug Hall, wrote about the “Dwight Christmas” episode three weeks ago when it first aired. I agree with him that employers need to be careful with their holiday social events to minimize potential liability. However, it appears that many states, including Pennsylvania, will not impose what is commonly called “social host” liability.
In the Congini case, the employer hosted a Christmas party where it served free alcohol to employees and guests. A visibly intoxicated employee left the party in his car and was seriously injured in an accident. The Pennsylvania Supreme Court held that the employer could be held liable, but only because the drunk employee in that case was a minor. The court reaffirmed the general rule that an adult host serving alcohol to his adult guests should not be liable for injuries they subsequently cause or suffer.
So drink up and be merry. Just be careful when tussling over the pig rib.
