With the holidays fast approaching, it’s the season of parties, cheer and goodwill. Most of us get together with family and friends over a meal and drinks, fun and entertainment that goes on till people are ready to sleep it off. However, this is also the season when many serious automobile accidents and other types of catastrophic incidents take place. In many states and countries the concept of “host liability” is prevalent. This puts the responsibility on the host, of any accident caused by a person who causes an accident under the influence of alcohol, drugs etc which causes injury to a third party.
Duties and Responsibilities of Hosts and Expectations of Guests
These laws are similar to dram shop laws and as a host, you have a duty to ensure that your guests do not leave your premises in an intoxicated state. Apart from causing serious accidents resulting in traumatic brain or spinal cord injury or death, guests could also choke on their own vomit, fall and injure themselves, or become victims of mugging, rape etc.
As a guest, you have a reasonable expectation that your host has your welfare at heart and that they are in control of their domestic environment. Stringent personal injury laws and regulations in the Greater Toronto Area and surrounding municipalities clearly hold hosts responsible for the acts of their guests. Our 24×7 personal injury lawyers can advise you about the legal aspects of host liability.
If you’ve been harmed or injured by a drunk/drugged-out guest, you can file a suit against the host. Contact a personal injury lawyer.
Who is A Host?
There are several types of hosts – the commercial host, social host, hosts who organize events for fellow employees in a restaurant, etc.
Commercial hosts: Restaurant, bar, pub, club owners and their employees must ensure that guests do not harm themselves or others as a result of consuming alcohol purchased and served by the host. When guests appear intoxicated or the host knows that they are intoxicated, the host must ensure that they inform the guest/patron about their concerns, take preventive actions such as calling a cab, taking away the guest’s car keys, offering safe accommodation on the host’s premises and if all these fail, calling the police.
Social hosts are those who don’t sell or serve alcohol for profit, in premises which are under their control. They are not the employers or connected in a professional way with the guests. In parties where it’s a BYOB (bring your own booze) situation, hosts are still liable since the premises belong to them. Social host liability falls in the area of “negligence” in law. It does not mean that hosts are prevented from serving alcohol – but it does mean that they must refrain from serving alcohol to a person who is already intoxicated. In other words, they must remain in control and vigilant at all times.
The host takes preventive actions based on foreseeable circumstances, the guest’s behavior and from reports of others around him/her. Hosts have a duty to ensure that they control the environment. They should never serve liquor to minors or allow it to be served on their premises. They need to meet/greet each guest personally to ensure that no drinks were consumed earlier, serve enough food to offset the influence of liquor, keep a list of cab-driver phone numbers handy and ensure that they themselves remain in control of their drinking. Though this doesn’t give hosts much of a chance to let their hair down at their own parties, it pays off in the long run. Our free consultation injury lawyer can evaluate your case and whether the host had taken sufficient care to prevent the accident.
How We Can Assist
When you are injured in an accident that’s caused by someone who was returning drunk/drugged from a party, you are entitled to compensation and can file host liability charges against the person/s responsible for serving the intoxicating substance. Once the medical emergency has been taken care of, contact a personal injury lawyer immediately so that the facts and circumstances of the case can be established as soon as possible. Our accident injury lawyers available 24×7 can safeguard your interests.
When accidents happen, there are financial, emotional, physical and mental losses and people are in a state of shock. They may inadvertently make statements, provide authorizations, sign documents etc that could compromise their claims later. Our experienced personal injury lawyers can represent you at all stages of your case, ensure that you receive the best medical attention and establish a clear line of responsibility.
If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury Lawyer 24/7 and get instant help.TM (416 807 3486)
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