{"id":1211,"date":"2020-03-27T01:12:56","date_gmt":"2020-03-27T01:12:56","guid":{"rendered":"https:\/\/vsharmalaw.ca\/?p=1211"},"modified":"2020-03-27T01:12:56","modified_gmt":"2020-03-27T01:12:56","slug":"tavern-social-host-liability-make-it-a-double","status":"publish","type":"post","link":"https:\/\/vsharmalaw.ca\/tavern-social-host-liability-make-it-a-double\/","title":{"rendered":"Tavern & Social Host Liability"},"content":{"rendered":"\n

In 2017, 1\nout of every 20<\/a> Canadian drivers reported having driven while impaired at\nleast once.<\/p>\n\n\n\n

Despite that figure, impaired driving rates have\nactually been declining over the last 30 years. Much of this has to do with\neducation around drunk driving, but we might also look to stricter enforcement\nand more stringent laws as a contributing factor.<\/p>\n\n\n\n

One of the most important laws governing intoxication\nis tavern and social host liability. Employers, restaurateurs, and even party\nhosts have an obligation to prevent harm to the individuals in their care and\nto the wider public under this legislation.<\/p>\n\n\n\n

Below, we\u2019ll discuss exactly what tavern and social\nliability is, how it applies to bars and restaurants, and how the outcomes of\nthese cases are often decided.<\/p>\n\n\n\n

What is Tavern &\nSocial Host Liability?<\/h2>\n\n\n\n

Where there is alcohol, there is the potential for\npeople to become intoxicated. And where there is the potential to become\nintoxicated, there is tavern and social host liability. This refers to the\nobligation of homeowners, employers, and taverns to ensure that intoxication\ndoesn\u2019t lead an individual to injure themselves or others, especially in regard\nto drinking and driving.<\/p>\n\n\n\n

These obligations vary according to whether the\ndrinking occurred at a private home, at a work party, or at a tavern. When the\ncase in question involves the hosts of a house party, these are referred to as\n\u201csocial hosts\u201d. When the case in question involves a tavern, restaurant, or\nparty hall, these are referred to as \u201ccommercial hosts\u201d.<\/p>\n\n\n\n

How Does Tavern\nLiability Apply to Bars and Restaurants Serving Alcohol?<\/h2>\n\n\n\n

Besides the intoxicated individual, restaurants and\nbars are the most common defendants in motor vehicle accident cases that are\ncaused by intoxication. Often called commercial hosts, their liability is\ndifferent from social hosts and employers because they\u2019re governed by the\nLiquor License Act.<\/p>\n\n\n\n

The Liquor License Act governs any and all\nestablishments that sell alcoholic beverages. Under the Act, commercial hosts\nhave statutory responsibilities when serving alcohol to the public.<\/p>\n\n\n\n

Many people mistakenly believe that bars and\nrestaurants are automatically liable if an individual over-consumes alcohol in\ntheir establishment and then causes damages. In actuality, the Act doesn\u2019t\ncreate liability for civil action. Instead, tavern liability comes from\nstatutory liability and the other from common law based in tort. <\/p>\n\n\n\n

Statutory\nLiability Claims<\/h3>\n\n\n\n

Section 39 of the Liquor License Act states<\/a>:<\/p>\n\n\n\n

\u201cIf the person to or for whom the liquor is sold\ncommits suicide or meets death by accident when so intoxicated an action under\nPart V of the Family Law Act lies against the person who or whose employee sold\nthe liquor.<\/p>\n\n\n\n

If the person to or for whom the liquor is sold causes\ninjury or damage to another person or the property of another person while so\nintoxicated the other person is entitled to recover an amount as compensation\nfor the injury or damage from the person who or whose employee or agent sold\nthe liquor.\u201d<\/p>\n\n\n\n

This is the statutory basis for liability when a\ntavern over-serves a person to the point of intoxication. Under these civil\nliability provisions, only two categories of persons can pursue civil action. <\/p>\n\n\n\n

The first are the family members of the impaired\nindividual in question, and only if that person has died as a result of\nintoxication. The second are any third parties that were harmed by the impaired\nperson. For the impaired person themselves to recover damages, they must pursue\na tort claim.<\/p>\n\n\n\n

Tort Claims<\/h3>\n\n\n\n

In most cases, claims pursuing tavern liability are\nfounded in tort. It\u2019s only through a tort claim that the impaired person may\nsue for injuries and damages. Tort claims also allow family members to sue when\nthe impaired person is either injured or deceased, and third parties may also\npursue tort claims for both injury and damage.<\/p>\n\n\n\n

The key component of tavern liability based in tort\nlaw is negligence. To prove negligence, the plaintiff must demonstrate:<\/p>\n\n\n\n

  1. Whether the tavern owed the\nplaintiff a duty of care.<\/li>
  2. Whether the tavern breached the standard of care they are obliged to\nin fulfilling that duty of care.<\/li>
  3. Whether the taverns breach in\nstandard of care was the cause of the damage, or whether the breach contributed\nto them in some way. <\/li><\/ol>\n\n\n\n

    Splitting\nLiability Between Taverns and Impaired Persons<\/h2>\n\n\n\n

    It\u2019s not uncommon for courts to split liability\nbetween commercial hosts and the impaired person. The basis for splitting\nliability is founded in the fact that the tavern owes a duty of care to their\npatrons and to any third parties who might reasonably be expected to come into\ncontact with a patron. That duty extends to taking actions that protect both\nthe patron and the public against intoxication.<\/p>\n\n\n\n

    When deciding if and how to split liability, the\ncourts usually focus on the standard of care. They\u2019ll consider a number of\nfactors, up to and including:<\/p>\n\n\n\n

    • Whether the patron showed\nvisible signs of intoxication<\/li>
    • Whether the tavern knew of a\npatron\u2019s tendency to over-consume alcohol<\/li>
    • Whether it was known or\nexpected that the patron would walk or drive after leaving the tavern<\/li>
    • Whether the patron was\nintoxicated when they arrived at the tavern<\/li>
    • Whether the tavern has a system\nfor monitoring alcohol consumption in its patrons<\/li>
    • Whether the tavern attempted to\nfind safe transportation for the patron<\/li><\/ul>\n\n\n\n

      In most cases involving tavern liability, taverns are\nfound 15% responsible for the damages. However, this can range anywhere from\n33% to 5%, with more liability being placed on the tavern when:<\/p>\n\n\n\n

      • The patron was ejected from the\ntavern by staff<\/li>
      • The patron\u2019s requests for safe\ntransportation were ignored<\/li>
      • Staff consumed alcohol <\/li>
      • The patron was injured at the\ntavern and the failure to keep the premises safe falls on the tavern<\/li><\/ul>\n\n\n\n

        Were You\nInvolved in a Motor Vehicle Accident with an Intoxicated Person?<\/h2>\n\n\n\n

        When people are consuming alcohol in our homes, we\nhave an obligation to ensure that they have a way of getting home safe in order\nto protect both the individual and the public. But when individuals are\nconsuming alcohol in a commercial establishment, that duty of care is even more\npronounced. <\/p>\n\n\n\n

        Without the proper procedures and processes in place,\ntaverns can be found partly liable in drinking and driving cases that cause\ninjury, damage, and death to the impaired persons, their families, and other\nthird parties involved. If you or someone you love was involved in a motor\nvehicle accident where alcohol was involved, ensure that all responsible\nparties are brought to justice. Contact us to ask any questions and to ensure\nthat you\u2019re claiming all the possible damages you can.<\/p>\n","protected":false},"excerpt":{"rendered":"

        In 2017, 1 out of every 20 Canadian drivers reported having driven while impaired at least once. Despite that figure, impaired driving rates have actually been declining over the last 30 years. Much of this has to do with education around drunk driving, but we might also look to stricter enforcement and more stringent laws […]<\/p>\n","protected":false},"author":3,"featured_media":3399,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/vsharmalaw.ca\/wp-json\/wp\/v2\/posts\/1211"}],"collection":[{"href":"https:\/\/vsharmalaw.ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vsharmalaw.ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vsharmalaw.ca\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/vsharmalaw.ca\/wp-json\/wp\/v2\/comments?post=1211"}],"version-history":[{"count":0,"href":"https:\/\/vsharmalaw.ca\/wp-json\/wp\/v2\/posts\/1211\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/vsharmalaw.ca\/wp-json\/wp\/v2\/media\/3399"}],"wp:attachment":[{"href":"https:\/\/vsharmalaw.ca\/wp-json\/wp\/v2\/media?parent=1211"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vsharmalaw.ca\/wp-json\/wp\/v2\/categories?post=1211"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vsharmalaw.ca\/wp-json\/wp\/v2\/tags?post=1211"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}