Being Sued Can Ruin A Good Party

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Being Sued Can Ruin A Good Party

• Minimizing the Risks of Alcohol Related Injuries
  and Liabilities

Presented by Geri Roberts, CYW, BA, Psych Sault
Ste. Marie Anti-Drug FOCUS Coalition Maddy
Kasubeck, RN, BScN, BA Algoma Health Unit
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Being a good host means protecting your guests,
yourself others, as well as having a good time.
The steps you take to protect your guests will
reduce your likelihood of being sued.
Your exposure to legal grief is largely in your
hands.
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Goals of our Presentation

• Help you understand your potential legal
  liability
• To pass along the changing legal attitude toward
  those who serve/provide alcohol - private or
  public
• Understanding due diligence
• How to minimize your alcohol-related risks in
  your residence, hosting social events

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If you.

• have teenagers graduating, hosting a party,
  attending a party/sleepover
• host a house party
• host a pub, fundraiser, graduation party, wedding

..involving alcohol, we would like to offer
some very helpful info!
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Some Stats

• General Ontario Trauma Registry
• 2000-2001
• out of 2,177 cases, 1,488 (68) involve alcohol
• 84 of hospitalizations are due to
  alcohol-related major injury in Ontario
• alcohol is involved in 42 of fatal traffic
  crashes

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Some Stats

• alcohol is involved in
• 20 of fatally injured cyclists
• 40 of fatally injured pedestrians boaters
• 70 of fatally injured snowmobilers
• MOST WERE LEGALLY IMPAIRED
• Stats from Alcohol, Teens Catastrophe MADD

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Local Stats S.S.M.

• Over a 15-month period, 145 local youth, ages 13
  -24 were treated at Sault Area Hospital emergency
  due to excessive alcohol consumption
• Emergency cases
• Means of arrival and hospitalization
• stats from Sault Area Hospital

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Why The Rise in Alcohol-Related Lawsuits

• Expanded duty to control others
• Breath or blood testing
• Rise in damage awards
• Restricting traditional defense
• Changes in public, government and judicial
  attitudes

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How Can You Be Sued?

• Provider Liability
• anyone who provides alcohol
• Occupier Liability
• anyone who has control over property with powers
  to admit or exclude others

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Provider Liability

• Anyone who serves/provides alcohol
• home, camp, event
• Serve past point of intoxication
• provincial offence (direct link between
  serving alcohol and victim injury)

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Provider Liability

• Best protection
• be informed of potential liability
• Signer of S.O.P. (pub, fundraiser, wedding, prom)
  can be held liable

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Provider Liability Due Diligence

• Professor Robert Solomon says dont do piecemeal
  approach
• eg. D.D./waivers/stay sober
• Decreased liability if demonstrate serving
  alcohol in reasonable/responsible manner
• Liable if serving alcohol to a person(s) who they
  know or ought to know are already intoxicated
• Dryden vs. Campbell
• Baumeister vs. Drake

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Duty of Care

• They drank

• You Contributed

• YOU ARE RESPONSIBLE

.until they are sober
Hunt vs. Sutton Realty Slide adapted from
Sudbury FOCUS presentation
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Liability of Using Force

• Sued for excessive or unnecessary force
• Use only what is necessary
• Avoid assault charges
• Policy security for events

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Occupier Liability

• Control over the premises
• Protect all entrants from harm
• Injuries occurring on the property
• More occupiers liability than providers
  liability

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Occupier Liability

• A. Condition of the Premises

• Occupier - ensure safety of sober and intoxicated

Chretien vs. Jensen
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Occupier Liability

• B. Conduct of the Entrants

• liable for injuries caused by intoxicated person
• liable for environment of foreseeable violent or
  careless behaviour

Jacobson vs. Kinsmen Club
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Occupier Liability

• C. Activities on the Premises

• Ensure that activities permitted do not
  forseeably endanger entrants

Stringer vs. Ashley Munier vs. Lapman
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Minimizing Your Risks

• Planning

Serving
Supervising
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Hosting Hints
Planning
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Planning

• Safe Activities
• Provide Food
• Provide Pop
• Close bar before party ends

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Hosting Hints
Serving
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Serving

• Avoid drinking as the focus
• You serve guests
• Avoid doubles
• Provide non-alcoholic beverages/ cocktails!
• STOP - serving to intoxicated

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Hosting Hints
Supervising
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Supervising

• Check for hazards
• Monitor guests
• Have control of the entrance
• Safe transportation or stay

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Hosting a Hall Party

• Avoid S.O.P. - Hall bar
• Ensure servers are Smart Serve trained
• Minimize your alcohol intake
• Have control of entrance
• Check for potential hazards

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Hosting a Hall Party

• Provide low and non-alcoholic beverages
• Provide food throughout event
• Avoid dangerous behaviour/activities
• Enlist police/security service
• Set rules and post them

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Concluding Remarks!

• It is IMPOSSIBLE to monitor every guest at a
  function
• IT IS A LEGAL DUTY

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Concluding Remarks!

• No way to ensure 100 protection
• demonstrate due diligence
• take steps to demonstrate responsible, reasonable
  serving of alcohol
• ?? Questions ??