The Emerging Law of Social Host Liability

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  • Last October, we discussed Wardak v. Froom, a case involving parental host liability for underage drinking. Next week on February 7, our Managing Partner Jasmine Daya will be co-hosting a webinar on the subject of emerging areas of civil liability, including social host liability.

    The current law surrounding social host liability

    In Canada, commercial hosts, like bars and restaurants, have a recognized legal obligation to ensure the safety of any guests that are consuming alcohol. If a guest appears intoxicated, they must stop serving them, and in some circumstances, may be held liable if an intoxicated guest drives drunk, or otherwise causes injury to themselves or another person.

    Social host liability is the idea that a private host that serves alcohol may be also be liable for injuries caused when a guest over consumes. For example, if a dinner party guest is served to the point of intoxication, drives home, and causes an accident, the argument goes that the hosts should be liable if they failed to take reasonable steps to prevent the guest from driving. Currently, there has not been any legal decision that definitively establishes social host liability in Canada. However, many personal injury lawyers believe that it is only a matter of time before it is recognized.

    Personal injury lawyers staying ahead of legal trends

    At Jasmine Daya & Co., we are always keeping track of discussions in the media, legal community, and public policy, and stay ahead of newly developing areas of law. As personal injury specialists, we represent claimants that have been injured after a private social event, and can advise individuals about a potential legal claim against social hosts.

    We offer free consultations for new clients to discuss their potential claim. Contact us online, or call our office at 416-967-9100 to make an appointment.