Information from Safegrad.com

Your Party, Your Problem
When you host a party, you want it to be a good time - an opportunity for you and your guests to unwind a little. When alcohol is involved, unwinding can sometimes go too far: the actions of an intoxicated guest can lead to death or injury. You can be held responsible, whether you're a private citizen, an employer, or the owner of a commercial establishment. You can be sued - and sued big - even if you didn't actually serve a drop of liquor.

Serving Intoxicated Patrons
Many of us are familiar with the kind of case in which a tavern or bar is sued when an intoxicated patron leaves the premises and injures or kills someone while driving home. Licensed establishments have legal responsibilities to prevent people from becoming drunk and to stop serving people who are already drunk. What many people don't realize, says University of Western Ontario law professor Robert Solomon, is that the same tough principles are being applied to social hosts.

Suing the Social Host
The first Canadian case to address a social host's liability for serving alcohol was Baumeister. He was rendered a quadriplegic in a car accident following a high school graduation part at the Carefoots' home. He sued the driver and the Carefoots. The court indicated that social hosts, like bars, could be held liable for serving intoxicated gusts who subsequently injure themselves or others. In addition to liability as a provider of alcohol, a homeowner may be held liable as an occupier (a person who has control of the premises).

Losing Control
That's what happened to Fulton when his son threw a "bush party" on the family property. One of the 300 participants, Meunier, got drunk and started a fight that left him a quadriplegic. He sued, claiming that Fulton was responsible for allowing an event to take place which he should have realized was potentially dangerous. This was not the first "bush party" on the Fulton property that had resulted in problems. Fulton's insurance company settled out of court for $700,000, even though Fulton's son hadn't provided the alcohol to anyone, and hadn't formally invited anyone to the party.

Expanding Legal Responsibility
As the Baumeister and Meunier cases suggest, there has been a clear trend towards increasing the legal responsibility of anyone who provides alcohol or hosts events where people are drinking.

No "Quick Fixes"
Various strategies have been advanced to reduce the risks of a civil suit, including designated driver programs, waivers of liability and even special-event insurance. But, Prof. Solomon cautions, the "piecemeal adoption of isolated initiatives" cannot take the place of a comprehensive strategy to reduce the risks associated with alcohol. For example, while designated drivers and alternative transportation policies address the major risk of drinking and driving, it may lull the host into a false belief that he can serve his non-driving guests as much alcohol as he wishes. However, if one of the drunken guests falls down the stairs, walks through the patio door, or starts a fight, the home-owner may be successfully sued.

What You Can Do
If you operate a drinking establishment, you can reduce your risk of legal liability by instituting a program of manager and server training. Personnel should learn to recognize and prevent intoxication and its associated problems.

As a social host, you have broad responsibilities where alcohol is involved, but you also have authority to control who comes onto your premises. With a little common sense, you can avoid situations that lead to injuries and lawsuits. Even if mishaps don't occur, no thoughtful host would want a guest to lose his or her licence for impaired driving. Prof. Solomon offers the following suggestions:

Plan Your Party

Promote Non-alcoholic or Low-alcohol Content Drinks