Thanksgiving food fears: Hosts could face lawsuits over home-cooked meals, lawyers say

A lawyer is giving tips to people hosting holiday parties on how to avoid legal problems. Jay McDivitt, an attorney at the personal injury firm Cannon & Dunphy, told the Milwaukee Journal Sentinel that hosts should focus on three main things to avoid being sued.

Food safety tips

McDivitt says the first thing is to cook all food properly. Salmonella is a bacteria found in raw meat like turkey and chicken. It is the main cause of food poisoning, as reported by The Sun. Salmonella can spread to other foods and make people sick with fever, vomiting, and stomach cramps.

It is especially dangerous for elderly people or anyone with weak immune systems. McDivitt says it is hard for someone to successfully sue a host for food poisoning because the guest would need to test every dish to prove the bacteria came from that meal. “I wouldn’t take that case,” McDivitt said. “I don’t want to sue your mother-in-law.”


Getting food poisoning from home-cooked meals has less chances than from restaurants. Home cooks do not follow the same rules as professional chefs.To win, guests need medical records, lab tests, and expert witnesses.

Party safety and alcohol rules

The second thing McDivitt advises hosts to watch for is guest injuries at parties. Guests who get hurt, for example by falling, might try to sue the host. As stated by The Sun, McDivitt recommends homeowners or renters have insurance, which usually covers medical costs for injured guests.

Start cooking the turkey at high heat to make the skin crispy. Then lower the heat to cook it fully. After cooking, cover the turkey with foil and let it rest for 20 minutes. This helps the juices spread inside the meat.Don’t baste the turkey while cooking. It can make cooking longer and the meat dry. If you forget to take out the giblets, wrap them in paper and cook them safely inside the turkey. Never keep raw turkey out at room temperature for more than 2 hours.

Alcohol rules for party hosts

The third thing McDivitt highlights is knowing your state’s alcohol laws. In some states, serving alcohol to anyone under 21 can get the host fined. McDivitt’s final advice for hosts is simple: enjoy the party and hope nothing goes wrong. “Wash your hands, and you know, cross your fingers and pray,” McDivitt said, as stated by The Sun.

FAQs

Q1. How can I avoid food poisoning at a Thanksgiving party?

Make sure all food, especially turkey and chicken, is cooked properly and handle it safely to prevent salmonella.

Q2. Can guests sue me if they get hurt at my holiday party?

Guests can try, but having homeowners or renters insurance usually covers their medical costs.