Q: We had some people over for a birthday, about 25 total. Several complained the next day they had food poisoning. One indicated she might have a claim against us because she had to go to the emergency room. We made salad, barbecued some chicken and meat, and there was sweet potato. Are we liable?

B.L., Rancho Palos Verdes

A: Well, what made them ill? Has it been tested? Can they pinpoint the food or product? Did any of the guests bring any of the food? If something was bad, could it be traced to where you bought it so they may have some culpability?

Then, further inquiries come to bear: Did you do something careless? For example, was the food improperly stored or improperly handled? Did you serve something that you knew, or had reason to know, might be a risk of causing harm? Or, is there “something going around” such that perhaps it isn’t food poisoning, but a bug of some kind?

Strict liability may apply to commercial food sellers, but this sounds like an informal event, not one where the attendees paid for things like food.

Bottom line, sorry to hear of this unfortunate situation. You can check to see if by any chance you would be covered by your homeowner’s insurance, if a claim is made. In any event, the answers to the questions above would be necessary to evaluate whether you may possibly have personal responsibility.

Q: We had a bridal shower at our house. The heel of a guest’s shoe got caught in a crevice on the walkway. She fell, hurt her knee and bruised her ankle. We just got a letter from a lawyer asking us to provide him with our homeowner’s insurance, and indicating she has had X-rays and will require an MRI. Would you respond to the attorney’s letter?

R.M., Irvine

A: As a property owner, you have a duty to provide a safe environment for your guests. If you have a dangerous condition on your premises — and know or should know the condition creates a risk of harm — it is possible there is a viable claim against you.

The lawyer wants your homeowners insurance to notify the insurance company of claims he plans to pursue on behalf of the injured person. He likely will seek to resolve those with the insurance company, and my hunch is he prefers not to sue. But you are not obligated to provide the information to him; it is a choice you will make if you feel it is in your best interests.

In the interim, was the “crevice” a dangerous condition?  Did the person who fell not see where she was walking? Was her shoe a reason for the fall? Had she been drinking? Without further details, it is not possible to assess if you may actually be liable.

I would consult with a knowledgeable lawyer, if not retain him or her to handle things for you, at least at this point. You could also call your homeowners insurance company and tell them of the circumstances, but I am a bit wary in this regard because the insurer might conclude you have given notice of a claim. Then, even if the claim turns out to be bogus, your call could possibly impact your insurance premium. This is why I would sit down and talk things out first with an experienced attorney.

Consumer Hotline

The California Department of Insurance has a helpful consumer hotline at 800-927-4357, which can address (for example) various insurance questions or problems, and assistance with health insurance matters.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.