Social
Host Liability
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Definition:
Social host liability refers to the area of law
that deals with the liability of hosts whose guests drink and drive.
Social host liability is of potential concern to business owners because they
may fall into one of the social host categories, as an employer, a tavernkeeper,
or as a "true" social host (just having people over for a
party).
There seems to be an increasing tendency in the Canadian courts to hold the
social host at least partly responsible for the injuries suffered by guests who
drink and drive, or who drink and drive and injure other innocent people, no
matter what category of social host he or she is.
Obviously, as an employer, letting employees get drunk on the job or even
allowing employees to drink while working is a bad idea. But employers can and
have been found liable for the injuries of employees who were drinking at office
parties and then drove off and were involved in vehicle accidents. Employers
hosting any kind of party should take steps to ensure that their guests get home
safely.
You can read more about several cases involving social host liability and
about steps you can take to protect your business from being found liable as a
social host in
"Social Host Liability And Your Business".
Also Known As:
Host liability; commercial host liability.
Examples:
Sutton Group was ordered to pay Linda Hunt $300,000
in damages when she suffered permanent physical and brain injuries in a car
accident that occurred when she was driving home drunk from an office party in
1994.
Alternative Spellings:
None.
Common Misspellings:
Social host libility; socal host liability.
Related Resources:
Social
Host Liability And Your Business
An outline of your potential legal liability as the host of a business party in
light of two Canadian cases dealing with social hosts, and tips for being a
legally safe host at your next business function.
Legal
Matters And Regulations
A library of information about the laws and regulations that affect operating a business in
Canada.
Insurance
Resources
Information about insurance relevant to Canadian small business owners, from
professional liability through business interruption insurance.
Elsewhere on the Web:
It's My
Party But It's Your Responsibility
-
A summary of the Supreme Court of Canada's decision on social host liability in the case of Childs vs. Desormeaux from Fraser Milner Casgrain (Canadian law firm).
Being Sued Can Ruin
A Good Party
Online brochure about social host liability and tips for being a safe host
from MADD (Mothers Against Drunk Driving) Canada.
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