Summer Bar and Restaurant Patios are Fun, But They Shouldn’t Come at a Cost
There is nothing more enjoyable than having a drink on a patio on a warm night. Throughout the summer months in the City of Toronto, it is hard to ignore seeing bars and restaurants full of patrons outside trying to savour every minute of the season. But to ensure everyone has a safe and enjoyable night, bar and restaurant owners as well as fellow patrons should act responsibly when it comes to the serving and drinking of alcohol.
Commercial Host Liability
With respect to bar and restaurant owners and/or management, they should be aware of something called Commercial Host Liability. This is when the courts find a bar or restaurant accountable for actions they took or did not take towards a patron who suffers injury or death.
It is crucial that bars and restaurants have a regular system in place that prevents patrons from becoming too intoxicated. Should a bar or restaurant find itself embroiled in litigation, their conduct will be examined under a microscope by the courts to determine if there was a lapse in judgment or conduct. For example, did a bar or restaurant allow a patron who was visibly intoxicated to consume even more alcohol and did nothing to stop this? How did the staff working that night monitor their patrons? Did management advise the staff to keep an eye on patrons who appear to be getting intoxicated? Was there a change-over in staff where the server taking over was not aware of any potentially problematic patrons? Or did management keep everyone informed? Did management make efforts to ensure the patron got home safely by calling a taxi, Uber or by getting a ride with a sober friend? These are all factors the courts will consider to determine how much liability will fall onto the bar or restaurant. It should be noted that bars or restaurants that continue to serve patrons alcohol who appear visibly intoxicated is in violation of s. 29 of the Liquor Licence Act.
Take Responsibility
However, the onus is not just on management to prevent dangerous intoxicated behaviour. Individual patrons should shoulder some of the responsibility as well. Keep in mind that a little help can go a long way. If you are with friends at a bar or restaurant and are staying sober, be sure to keep an eye on your friends. If they appear to be getting intoxicated to the point where they are being disruptive or violent, don’t be afraid to call it a night and get them home safe without them getting behind the wheel; call them a taxi, Uber or drive them home yourself if you are sober.
After being cooped up for the better part of two years, we are all eager to get outside and be social. If we all do our part, hopefully we can all enjoy a relaxing summer that will result in less alcohol-related injuries or fatalities. No one wants to see the numbers rise, so let’s all have fun and be safe and the same time.
Singer Kwinter has spent decades assisting people involved in alcohol-related injuries or fatalities. Contact us today for your free consultation.
