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Did you know that the only area where Canada leads the U.S. in law suits is in the area of liqour liability? This trend may soon affect how you conduct a gathering in your own home.
In 2001, an employee successfully sued her employers where she had been attending a company Christmas party (Hunt vs Suttin Group Incentive Realty and PJ's Pub) and the pub she attended after the Christmas party for injuries she suffered in a car accident on her way home from the pub.
To put her findings in this case put simply, the judge ruled that the employer should have ensured that Ms. Hunt made it home safely after the party and found them partially responsible. The pub was found at fault for the same reasons. While Ms. Hunt was found 75% responsible for her own actions, the employer and the pub shared damages in the amount of $280,000.
Riding on the tails of this action comes the case of Childs v. Desmoureaux where Mr. Desmoureaux left a house party and collided head on with the vehicle in which Ms. Childs was an occupant. Ms. Childs suffered serious injuries and her boyfriend was killed. Ms. Childs sued the hosts of the party for allowing Mr. Desmoureaux to leave behind the wheel while obviously intoxicated. Her suit was dismissed in lower court. In the ensuing appeal the suit was also denied but it was noted by the court that under different circumstances, they might have found the host liable.
Since the appeal, Ms. Childs has awarded intervenour status to an interested third party - Mothers Against Drunk Driving (MADD)and they are pressing on to the Supreme Court in an attempt to get a favourable descision for Ms. Childs.
Whether this suit is succeful or not, hosts of private parties should be aware that they could be concievingly be found liable should injuries or damages occur as a result of alcohol being served at thier premises.
Some Hints:
If you know there is a chance that excessive consumption might take place - go and pick up your guests and let them take a cab home. This way, they will not have the option of jumping in their vehicle and driving.
Supply food only and let your guests bring their own beverages.
In 2001, an employee successfully sued her employers where she had been attending a company Christmas party (Hunt vs Suttin Group Incentive Realty and PJ's Pub) and the pub she attended after the Christmas party for injuries she suffered in a car accident on her way home from the pub.
To put her findings in this case put simply, the judge ruled that the employer should have ensured that Ms. Hunt made it home safely after the party and found them partially responsible. The pub was found at fault for the same reasons. While Ms. Hunt was found 75% responsible for her own actions, the employer and the pub shared damages in the amount of $280,000.
Riding on the tails of this action comes the case of Childs v. Desmoureaux where Mr. Desmoureaux left a house party and collided head on with the vehicle in which Ms. Childs was an occupant. Ms. Childs suffered serious injuries and her boyfriend was killed. Ms. Childs sued the hosts of the party for allowing Mr. Desmoureaux to leave behind the wheel while obviously intoxicated. Her suit was dismissed in lower court. In the ensuing appeal the suit was also denied but it was noted by the court that under different circumstances, they might have found the host liable.
Since the appeal, Ms. Childs has awarded intervenour status to an interested third party - Mothers Against Drunk Driving (MADD)and they are pressing on to the Supreme Court in an attempt to get a favourable descision for Ms. Childs.
Whether this suit is succeful or not, hosts of private parties should be aware that they could be concievingly be found liable should injuries or damages occur as a result of alcohol being served at thier premises.
Some Hints:
If you know there is a chance that excessive consumption might take place - go and pick up your guests and let them take a cab home. This way, they will not have the option of jumping in their vehicle and driving.
Supply food only and let your guests bring their own beverages.
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