JoyceN1 (California)
Posts: 90
Posts: 90
Posted:
Does anyone know if the HOA insurance policies, liability and umbrella, covers food borne illness contracted from food consumed in or on a common area, such as a potluck or community garden? Thanks
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Food Borne Illness California
Started by JoyceN1 • 11 replies • 1922 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Proof that anyone can sue for anything... Why would anyone insure for this? If this was a potluck dinner that means the person who made the item that made the person ill could be responsible NOT the HOA because they held the event. This situation just really stretches the imagination.
Is someone suing because they got ill from a potluck dinner? Food poisoning cases are extremely extremely hard to prove. Despite thinking you ate something today and got sick tomorrow means you have food poisoning from the item you ate is NOT always proveable in court. There is ALOT of expensive testing one would have to go through before they have enough proof to even bring this to court. If it's mass sickening then the CDC steps in and investigates.
Ironically in a city nearby me, they had a recent outbreak of legionnaire's from a food item in a PUBLIC Bean day event. 20 people have gotten ill from the event. They isolated it to that event and it's still taking several weeks to determine the number of people who got ill and what the item was that caused the illness. Many did not even report they were ill and just let it pass. A few were hospitalized. Is the Bean day event holders or the place they had it at going to be sued? It could but if it is, then they will have to deal with that when it happens. NOT insure themselves that it could happen.
Your HOA already has insurance to protect itself. Worst case the insurance company pays out the max amount and then drops your HOA. Suing your HOA is suing yourself and your neighbors. It will assuredly also make your dues go up. Which would you rather pay insurance with that rate increase or pay out the lawsuit award? That is the real question here.
Is someone suing because they got ill from a potluck dinner? Food poisoning cases are extremely extremely hard to prove. Despite thinking you ate something today and got sick tomorrow means you have food poisoning from the item you ate is NOT always proveable in court. There is ALOT of expensive testing one would have to go through before they have enough proof to even bring this to court. If it's mass sickening then the CDC steps in and investigates.
Ironically in a city nearby me, they had a recent outbreak of legionnaire's from a food item in a PUBLIC Bean day event. 20 people have gotten ill from the event. They isolated it to that event and it's still taking several weeks to determine the number of people who got ill and what the item was that caused the illness. Many did not even report they were ill and just let it pass. A few were hospitalized. Is the Bean day event holders or the place they had it at going to be sued? It could but if it is, then they will have to deal with that when it happens. NOT insure themselves that it could happen.
Your HOA already has insurance to protect itself. Worst case the insurance company pays out the max amount and then drops your HOA. Suing your HOA is suing yourself and your neighbors. It will assuredly also make your dues go up. Which would you rather pay insurance with that rate increase or pay out the lawsuit award? That is the real question here.
Former HOA President
JoyceN1 (California)
Posts: 90
Posts: 90
Posted:
Melissa, I am not suing anyone. A simple question and in a potluck situation proving which dish got anyone sick is hard to prove. I just simply wanted to know if HOA insurance typically pays in food borne illness cases. We lost our community garden and the specious argument was that if someone got sick eating the produce we weren't covered for food borne illness, after 16 years without one instance of anyone getting ill. I said in that case we should stop sponsoring potlucks by the HOA as we are not covered, I was then told that eating produce grown on a common area and a potluck on a common area sponsored by the HOA was not the same. I didn't see the difference.I am trying to find out if food borne illness is indeed covered. And people get ill at potlucks all the time.
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
This association also had the community garden that was recently taken down. The discussion about the garden was recently posted here on the forum.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Joyce,
An insurance agent would likely be able to tell you the answer.
I would think that a general liability policy would be what you are looking for. However, I am not an insurance agent.
An insurance agent would likely be able to tell you the answer.
I would think that a general liability policy would be what you are looking for. However, I am not an insurance agent.
BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
Quote:
Posted By JoyceN1 on 10/20/2013 1:44 PM
Does anyone know if the HOA insurance policies, liability and umbrella, covers food borne illness contracted from food consumed in or on a common area, such as a potluck or community garden? Thanks
Does anyone know if the HOA insurance policies, liability and umbrella, covers food borne illness contracted from food consumed in or on a common area, such as a potluck or community garden? Thanks
That's one good reason to not have the association officially sponsor social events. Subject of another thread.
AnnH5 (Florida)
Posts: 304
Posts: 304
Posted:
My only experience has been with participating in community events where food was served. In those instances we did two things. First, we contacted our county Department of Health to inquire as to whether we needed any type of inspection or licensure to serve food that was being prepared by volunteers and given freely to participants. Since the food was free, we did not consider ourselves to be vendors but we wanted to make sure we were following any county ordinances. The second thing we did was to contact our Association's liability insurance to inquire as to whether there would be any issue with serving free food during community events. As it turned out, we did not require any additional riders. I would think that if your local county Department of Health cleared it and the insurance company cleared it, you should be okay. If you desired an additional layer of protection, you could always ask participants to sign a waiver before participation.
JoyceN1 (California)
Posts: 90
Posts: 90
Posted:
Thank you Ann, very informative and I have contacted our insurer and they refuse to answer my question and the same thing for the management company. I am being stonewalled. I do appreciate your input it is the best I have gotten on this site.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Joyce,
If your not on the Board, I can understand why the insurance agency wasn't talking to you. You are not their client. If you ask your homeowners insurance agent or an independent agent you will likely receive your answer.
If your not on the Board, I can understand why the insurance agency wasn't talking to you. You are not their client. If you ask your homeowners insurance agent or an independent agent you will likely receive your answer.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Farmers market vendors get insurance like this all the time. I looked it up a while back and it was $15 to $100 a year. As far as the HOA sponsoring a potluck, why can you have a potluck without HOA involvement?
NancyG3 (North Carolina)
Posts: 342
Posts: 342
Posted:
Joyce - Most insurance company's will write a special event policy for a 1 day event. Check with your independent insurance agent. The cost is minimal.
AnnH5 (Florida)
Posts: 304
Posts: 304
Posted:
Joyce, also, if the community's current insurance forbids the shared produce and potlucks, there is very little reason why the Association should not be allowed to find insurance that does cover such activities.
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