Host with the Most: The Lowdown on Social Host Liability and Hosting Responsibly
You've spent weeks preparing for the party of the century. You've made great appetizers, curated the perfect playlist, and whipped up your signature cocktail. You want everyone to have a good time, and you want to be an attentive host. What makes the perfect party is an attentive and responsible host who takes their guests' safety into account, even as guests make their way home. An injury free party is a good party.
What exactly is a social host?
A social host encompasses several categories of individuals :
It includes anyone who is not involved in the sale or provision of alcohol for profit, thereby distinguishing them from commercial establishments.
It encompasses individuals who maintain a distinct, non-employer relationship with their guests, implying a personal or social connection rather than a professional one.
A social host can be defined as someone who either serves or allows alcohol consumption on premises under their control, thereby assuming responsibility for the conduct and well-being of their guests concerning alcohol consumption.
These criteria collectively delineate the scope of social hosting and its associated responsibilities.
What is social host liability?
Social host liability in Canada pertains to a host's duty to ensure their guests' safety, especially when alcohol and in recent events, cannabis is served. These laws, which can vary by province, underscore the importance of responsible hosting to prevent alcohol—and cannabis-related incidents. The essence of these laws is not to dampen the spirit of hospitality but to ensure that celebrations do not lead to harm.
Canadian case law, while less extensive than that in some countries, does provide guidance. Notably, the Supreme Court of Canada in Childs v. Desormeaux, 2006 SCC 18, has examined social host liability but has generally found hosts not liable for the actions of their guests after leaving the premises, except under specific circumstances. However, this does not absolve hosts of all responsibility, mainly when serving alcohol to minors or visibly intoxicated guests. For instance, hosts could be found liable for damages if they actively contribute to the intoxication of a guest who subsequently causes harm or is harmed – even if the injury does not occur on their property. The key takeaway is the importance of vigilance and responsibility in serving alcohol at private functions.
How can you protect yourself from liability?
A responsible host should proactively implement measures and precautions to ensure that guests are not served to the point of intoxication and that any guest who may be inebriated is provided with options to allow them time to return to their destination safely. While standard practices such as utilizing a communal key bowl or arranging transportation for guests are well known, below are other methods that can minimize liability:
Consider outlining safe party practices and plans for home commutes within the party invitation;
Take active steps to disallow minors from drinking, such as locking alcohol cupboards;
Offer a space for guests to stay the night;
Require one or more hosts to remain sober;
Require guests using cannabis to pre-plan a safe trip home
Require underage guests to pre-plan their trip home
Knowing which statutes, case law and limitations apply to the accident that caused your injury can be confusing. If you or your loved one are a victim of such negligence, don't hesitate to contact any of our personal injury lawyers to explore your options properly. At Singer Kwinter, we have close to 50 years of experience achieving the best outcome for our clients when dealing with insurance companies.
