Duty to monitor alcohol consumption?

“It’s the most wonderful time of year” and as the lyrics of the Christmas classic go on to say “There’ll be parties for hosting, marshmallows for toasting and caroling out in the snow.” While I am not aware of any lawsuits involving marshmallows or caroling (could be interesting), there are lawsuits related to hosting parties. In the legal world, these lawsuits are known as social host liability cases. So if you are hosting a party this holiday season, one question that may cross your mind is what, if any responsibility do I have to ensure that my guests drink responsibly?

The issue of private social host liability was discussed by the Supreme Court of Canada in a 2006 decision called Childs v. Desormeaux. In this case, a guest at a New Year’s party consumed approximately 12 beer. When he was leaving the party one of the hosts asked him “Are you okay, brother?” to which he replied “No problem.” He got behind the wheel with two passengers and caused a head on collision resulting in one person dead and five seriously injured. The injured parties sued the driver and the hosts of the New Year’s party. Mothers Against Drunk Driving (MADD Canada) and the Insurance Bureau of Canada also became involved in the lawsuit.

One of the key issues looked at by the Court in the Childs case was that the hosts did not assume control over the supply of alcohol (it was a BYOB – bring your own booze party). They also did not assume control over the service of alcohol. The only alcohol provided by the hosts was a small amount of champagne given to everyone for a toast at midnight. There was also no evidence that anyone served alcohol to the driver when he was visibly impaired or that he appeared intoxicated when leaving the party. Ultimately, the claim against the hosts was dismissed.

The Childs case confirms that as the host of a private party (i.e. house party), you do not have a legal duty to monitor your guests’ alcohol consumption. Further, you do not have a legal duty to ensure that your guests are not drinking and driving unless:

the guest is clearly intoxicated, you are aware they plan to drive and you do nothing to try and stop the guest from driving

you have a paternalistic relationship with your guest (i.e. teacher-student, parent-child) or

you have conducted yourself in such a way that you have created or increased the risk that your guests will cause harm to others. For example: if you supply your guests with excessive amounts of alcohol and encourage them to consume to a point where it would be unsafe to drive, you will likely find yourself in a position where you will be liable if any of those guests cause harm to themselves or others.

The Childs decision would suggest that you are better off to host the party as BYOB (Bring Your Own Booze) and let your guests serve themselves. Interestingly, the BC Liquorstores website:

BC Liquor Stores

offers a responsible host checklist which recommends serving the drinks yourself or designating a bartender instead of having an open bar. The logic of course being that serving should reduce alcohol consumption. If this can be accomplished, it will reduce the likelihood of liability. If service is not going to reduce consumption, serving puts you in control of that consumption and hence a greater likelihood that you could be held liable for any harm that may be caused by an intoxicated guest. Also, it should go without saying you can not serve alcohol to minors. You would likely be held liable for any harm that may be caused by an intoxicated minor.

It is important to note that the duties and responsibilities of a private social host are distinct from those of a commercial social host (including special occasion licenses), which are regulated by the Liquor Control and Licensing Act. Commercial alcohol providers do have a duty to monitor alcohol consumption and prevent you from drinking and driving. Commercial alcohol providers have been held liable to members of the public who are injured as a result of drinking and driving by a guest (see Stewart v. Pettie, [1995] 1 S.C.R. 131(S.C.C.)).

Please drink responsibly.

Wishing everyone a safe and happy holiday season.

Important Note: The information contained in this column should not be treated by readers as legal advice and should not be relied on without detailed legal counsel being sought.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.