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*information reprinted with permission from www.madd.ca)

Being a good host means protecting your guests, yourself and others, as well as having a good time. The steps you take to safeguard your guests will reduce your risks of being sued. Your exposure to liability is largely in your own hands.

Hosting, Organizing or Sponsoring a Party?

If it’s your party, your alcohol, or the event is on your property, you may have some legal responsibility for any injuries that occur. The number of alcohol-related civil suits has increased sharply, and it’s not just bars that are being sued. Claims have been brought against schools, universities, municipalities, service and sports clubs, social hosts, parents and employers.

This page will help you understand your potential liability, safeguard your guests and minimize your chances of being sued. For more information, please be sure to check MADD Canada’s Research Library and What Do You Do, or telephone the Toronto Chapter office at 416-924-2666 for hard copies.

What will get me sued?

*As a provider of alcohol: The law does not prevent you from being a gracious host, and no one has ever been held liable for serving alcohol responsibility.

Your potential liability as an alcohol provider begins when you serve, give or make alcohol available to intoxicated individuals in circumstances in which they pose a risk to themselves or others. Individuals will be considered intoxicated well before they become incoherent or completely unable to take care of themselves.

As a provider, you may be held liable if your intoxicated guests injure themselves or others on your property, on their way home and perhaps even until they regain sobriety at home.

*As an occupier: Even if you do not provide any alcohol, you may be liable for alcohol-related injuries that occur on your property. The term “occupier” includes anyone in control of property who has the power to admit or exclude entrants (ie. hosting a party in your home or renting a hall for your daughter’s wedding).

Occupiers can only be held liable if they are negligent in maintaining the physical condition of the property, supervising the conduct of their guests or controlling the activities on the property.

The liability issue is often framed in terms of whether the occupier took reasonable steps to prevent harm in the specific circumstances.

*Expanding liability: The scope of alcohol liability continues to evolve and expand. Please be sure to do what you can to reduce your risks.

How Can I Reduce My Risks?

No single measure will eliminate all the risks of alcohol-related liability. However, with some planning, common sense and basic precautions, you can dramatically reduce your chances of being sued and held liable.

Planning

• Do not sponsor, organize, supervise or allow on your property any inherently dangerous events or activities, such as underaged drinking parties, drinking contests, or all-you-can-drink stags or similar events.
• If there have been previous problems with a particular event, group or person, take steps to avoid a recurrence.
• Consider hiring trained servers and staff to help run large events, such as family weddings or major service club socials.
• Do not combine alcohol and potentially dangerous activities, such as boating, snowmobiling, skiing, or hunting.
• Check your property and guard against potential hazards. Even minor measures, such as locking the gate to the pool, can significantly reduce your risks.
• Have a plan in advance to ensure that guests who become intoxicated can be taken home safely. Assume that this plan will have to be used so you are prepared. Have cash on hand and the telephone number of a cab company.
• If the event is at your house and overnight parking is limited, arrange for a few overnight parking spaces with your neighbours.

Serving

• Do not serve, provide or make alcohol available to any person who is or may be under the legal drinking age.
• Do not permit drinking to be the focus of the event.
• Make food and non-alcoholic beverages available. People who have eaten absorb alcohol more slowly than those who have not, thereby lowering their peak level of intoxication.
• If you are providing alcohol, serve drinks rather than having a self-serve bar. A self-serve bar encourages some people to drink excessively. Moreover, if you are serving the drinks, it will be easier to monitor your guest’s consumption and behaviour.
• Do not encourage intoxication by serving extra strong drinks, double shots or high alcohol content beer.
• Stop serving alcohol long before you expect the event to break up. It is simply not smart to serve people alcohol just before they drive or otherwise try to get home.

Supervising

• Refrain from drinking or drink moderately. The more you drink, the more difficult it will be for you to anticipate problems, supervise the event and intervene to avoid potential risks.
• Be attentive to your guests’ behaviour and appearance. Be prepared to have a friendly word with a person who is becoming intoxicated.
• Do not provide alcohol to a guest who is or may be intoxicated. Such conduct only increases the risks of a mishap and your chances of being sued.
• If gentle persuasion fails, you may have to verbally insist that an intoxicated guest not attempt to drive home. For those guests who have had too much to drink and still insist on driving, try the following:
  • Find their keys while they’re distracted and take them away. They may believe they’ve lost them and become more receptive to taking a cab or having someone else drive.
  • Hide something of theirs they can’t leave without…like their shoes.
• Arrange for a guest who may be intoxicated to be taken home safely or stay the night.

Again, for further information, please be sure to check MADD Canada’s Research Library and What Do You Do, or telephone the Chapter office at 416-924-2666 for hard copies.