Are Private Parties a Serious Risk for Food Poisoning?

With the weather warming up finally and summer on its way, outdoor parties, welcome parties, weekend get-togethers, and similar will start to pick up. And that means two ways food ends up being prepared for the guests and those throwing the party: either the food is made privately or catered. Either way, the party provider has a responsibility to make sure the food is safe to eat.

With a professional service like a caterer or food delivery company, both know they have standards that need to be met, and they are regularly inspected by municipal health inspectors as well. No surprise then, they are under a higher duty of care to make sure their food product is safe to eat. However, private parties don’t have such obligations nor are they regulated to make sure how food is prepared is done safely. It is a matter of trust that the person throwing the event knows what they are doing with the food they serve. Does that mean private parties are not responsible when someone they feed suffers from food poisoning? Absolutely not.

Even Private Parties Are Accountable

Everybody can still be held to what is called a “reasonable person” standard. This is the expectation that, all things equal, a person would follow a number of steps to safely serve edible food at a private party to guests who are not their regular family or housemates. That includes an expectation that the person has sourced food materials from safe supplies, that the kitchen and cooking area is kept clean, that some basic steps in cleanliness are followed, and that cooked food is preserved and stored safely, either to keep it warm enough or refrigerated to avoid contamination and bacteria growth. It’s a tall order for some, but that doesn’t negate the responsibility.

Mixed Event Sources Complicate Things

Of course, things get a bit more complicated when multiple people are involved with the food that is served. This happens frequently with potlucks and similar. In these cases, however, the host is still responsible for making sure that the warm food stays above minimum safe heat levels or that cold food is kept on ice or refrigerated if at home or in a host-owned facility. Simply arguing that it was a potluck is not enough to let a party host off the hook for serving safe food.

Some Waste is Acceptable for Food Safety

Furthermore, smart hosts don’t allow for the recycling of leftover food, especially dishes, and content that have been sitting at room temperature for a while during serving. At this point, the food is extremely risky and best thrown away versus possible food poisoning by eating it the next day. This is very much an active situation during the summer, especially when the room or outdoor temperature gets above 90 degrees Fahrenheit. The only foods that can really be saved at this point are closed-container drinks, unbagged chips, breads, cookies, donuts, candy, and similar foods that don’t spoil quickly and normally get stored on shelves and pantries. Any meats or dairy products should be thrown away immediately, and vegetables that have been out for hours, such as in salads, are suspect.

Getting Help With a Non-Responsive Private Party

If you’ve suffered serious food poisoning from a private party, and they’ve offered no help for recovery, it may be time to talk with a lawyer for food poisoning. Especially in the case where your sickness has resulted in serious medical care, lost work time, and ongoing pain or injury, you don’t need to suffer alone. The legal system can provide you with a remedy; even private party hosts have a responsibility to serve safe food if they invite guests over for eating.