Being Sued Can Ruin A Good Party!

Legally Speaking
What You Can Do
What You're On the Hook For...
The Rise of Alcohol Related Liability
What DO the Laws Say??

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Legally Speaking

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Your party, your problem

When you host a party, you want it to be a good time - an opportunity for you and your guests to unwind a little. When alcohol is involved, unwinding can sometimes go too far: the actions of an intoxicated guest can lead to death or injury. You can be held responsible, whether you're a private citizen, an employer, or the owner of a commercial establishment. You can be sued - and sued big - even if you didn't actually serve a drop of liquor.

Serving intoxicated patrons

Many of us are familiar with the kind of case in which a tavern or bar is sued when an intoxicated patron leaves the premises and injures or kills someone while driving home. Licensed establishments have legal responsibilities to prevent people from becoming drunk and to stop serving people who are already drunk. What many people don't realize, says University of Western Ontario law professor Robert Solomon, is that the same tough principles are being applied to social hosts.

Suing the social host

The first Canadian case to address a social host's liability for serving alcohol was Baumeister. He was rendered a quadriplegic in a car accident following a high school graduation part at the Carefoots' home. He sued the driver and the Carefoots. The court indicated that social hosts, like bars, could be held liable for serving intoxicated gusts who subsequently injure themselves or others. In addition to liability as a provider of alcohol, a homeowner may be held liable as an occupier (a person who has control of the premises).

Losing control

That's what happened to Fulton when his son threw a "bush party" on the family property. One of the 300 participants, Meunier, got drunk and started a fight that left him a quadriplegic. He sued, claiming that Fulton was responsible for allowing an event to take place which he should have realized was potentially dangerous. This was not the first "bush party" on the Fulton property that had resulted in problems. Fulton's insurance company settled out of court for $700,000, even though Fulton's son hadn't provided the alcohol to anyone, and hadn't formally invited anyone to the party.

Expanding legal responsibility

As the Baumeister and Meunier cases suggest, there has been a clear trend towards increasing the legal responsibility of anyone who provides alcohol or hosts events where people are drinking.

No "quick fixes"

Various strategies have been advanced to reduce the risks of a civil suit, including designated driver programs, waivers of liability and even special-event insurance. But, Prof. Solomon cautions, the "piecemeal adoption of isolated initiatives" cannot take the place of a comprehensive strategy to reduce the risks associated with alcohol. For example, while designated drivers and alternative transportation policies address the major risk of drinking and driving, it may lull the host into a false belief that he can serve his non-driving guests as much alcohol as he wishes. However, if one of the drunken guests falls down the stairs, walks through the patio door, or starts a fight, the home-owner may be successfully sued.

What you can do

If you operate a drinking establishment, you can reduce your risk of legal liability by instituting a program of manager and server training. Personnel should learn to recognize and prevent intoxication and its associated problems.

As a social host, you have broad responsibilities where alcohol is involved, but you also have authority to control who comes onto your premises. With a little common sense, you can avoid situations that lead to injuries and lawsuits. Even if mishaps don't occur, no thoughtful host would want a guest to lose his or her licence for impaired driving. Prof. Solomon offers the following suggestions:

Plan your party

• Plan to provide food throughout the party. A guest who has been eating may not become as intoxicated;
• Do not make drinking the focus of the party;
• Do not combine alcohol and dangerous activities, such as boating, swimming, skiing and snowmobiling;
• Smaller parties are easier to manage. Large parties and open houses require more planning and supervision;
• Arrange transportation ahead of time for those who will be drinking;
• Check the physical condition of the premises for hazards that could endanger the safety of your guest;
• Serve alcohol sensibly

Promote non-alcoholic or low-alcohol content drinks

• Serve your guests rather than having an open bar;
• Do not serve doubles or extra-strong drinks;
• Stop serving alcohol long before you expect the party to break up;
• Stay on top of problems
• Be attentive to your guests' behaviour and be prepared to have a friendly word with a guest who is becoming intoxicated
• Do not tolerate drinking competitions, or other illegal behaviour;
• Do not serve guests who are already intoxicated. Remember, they may be legally impaired before they appear drunk;
• Arrange for guests who may be impaired to be taken home safely or stay the night. Friends don't let friends drive drunk.
• Being a good host means protecting your guests, yourself and others, as well as having a good time.

For more information, contact:

Canadian Centre on Substance Abuse
75 Albert Street, Suite 300
Ottawa, Ontario K1P 5E7
pubs@ccsa.ca

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What You're On the Hook For...

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PROVIDERS

A "provider" is someone who provides or serves the alcohol. An alcohol provider may be held liable for the conduct of the intoxicated person(s) under common law principles of tort law in Ontario. There is a liability for sponsoring events and for providing alcohol.

A Provider's Responsibilities:

• To recognize the signs of an intoxicated person

• To prevent their patrons and guests from becoming intoxicated

• To ensure that the intoxicated is protected from harm until a sober state can be attained

OCCUPIERS

An "occupier" is anyone who has control over the premises and the power to admit or exclude people form it. "Occupiers" are required by law to take reasonable steps to protect all entrants from harm, including the intoxicated. In addition to whatever liability an individual may incur as an alcohol provider, he or she may also be held liable as an occupier. An occupier may be held liable for the conduct of the intoxicated under the common law in Ontario.

An Occupier's Responsibilities:

• Liability for the Condition of the Premises:  To ensure the premises are reasonably safe for not only the sober, but also the intoxicated
• Liability for the Conduct of Patrons and Guests:  To protect entrants from risks of injury posed by other entrants
• Liability for Activities Permitted on the Premises:  To ensure that activities on the premises do not pose a risk of injury

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The Rise of Alcohol Related Liability

Until the late 1970's, it was uncommon for people to be sued for the conduct of others. However, the numbers and types of these alcohol-related civil suits have dramatically increased across Canada, particularly in Ontario. It is not only affecting taverns and commercial outlets, but also municipalities, universities, service clubs, government alcohol outlets, private social hosts, police and sponsors of alcohol-related events.

Expanded Duty to Control Others

Traditionally, the law did not make one person responsible for the conduct of others. Because there was no such legal duty, people couldn't be held liable for the actions of their intoxicated patrons or guests. Currently in the judicial system there is a trend to extend the responsibility for an intoxicated person's activities beyond the individual - in other words, we are our "brother's keeper".

Mandatory Breath and Blood Testing

In the past 20 years, police have had more power to stop vehicles and demand that suspected impaired drivers take breath tests or possible, blood tests. This arose out of concern about the number of drinking and driving collisions. The mandatory tests have made it so that driver's Blood Alcohol Level can be used to prove that they are intoxicated. therefore, if a provider of alcohol says that the person is sober, those tests could act as evidence to prove that the driver's intoxication should or should not have been apparent to the host or server.

Increases in Damage Awards

There have been extreme increases in the size of damage awards since the late 1970's. For example, in the 1960's a person rendered a paraplegic might have been awarded $150,000; whereas, the award today might be $1,500,00 or $5,000,000 as in the case in Little Current, Ontario.

These large awards may exceed the insurance coverage or assets of the intoxicated defendant. To recover such awards, others may be sued - this could include the provider of the alcohol, especially the occupier of the premises where the problem occurred and/or the sponsor of the event.

Restricting the Traditional Defenses

If an intoxicated person injures only himself, the defendant could claim that the person's own negligence contributed to the injury and thus, both would be held liable. In recent years, the courts are leaning toward putting more of the blame on the providers of alcohol, especially those who serve past the point of intoxication.

Changes in Public, Government and Judicial Attitudes

Twenty years ago, there was general acceptance of alcohol misuse and "boys will be boys" was the attitude. The sympathy of the courts was with the owner/occupier. But, since the early 1980's, the role of alcohol in unintentional deaths and injury (i.e. drinking and driving) has been widely publicized by various groups who, in essence, have put a human face on the problem. Public attitudes toward alcohol and impaired driving have been hardened, and the impaired driving lawns strengthened. As well, the courts are now more sympathetic to victims and critical of alcohol providers/hosts.

What do the laws say?

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Did you know...?

It is an offense to allow anyone under the age of 19 to consume alcohol in your house.

It is the same offense as the LCBO selling alcohol to minors.

Not only can you be fined, but you can be held both criminally and civilly responsible.

Meaning?
You may face a possible jail term as well as a lawsuit.

Reproduced in part with permission from MADD Canada

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