Hosting a Holiday Bash? The current law on social host liability

The holidays are a festive time.  It’s an occasion for families to gather, work colleagues to celebrate together, and friends to meet up.

But along with all that merriment come some amplified safety issues: car accidents increase, drunk-driving charges go up, and alcohol over-indulgence can wreck havoc on what should be a joyous time.

Canadian courts have long held that bars, restaurants and other commercial establishments can be found liable for continuing to serve an intoxicated customer or letting one drive away if an accident occurs.  The same rules, however, don’t apply to “social hosts” – people holding private get-togethers in their homes.

In the 2006 decision of Childs v. Desormeaux, the Supreme Court of Canada held that a host of a private party generally does not have the same legal duty as a bar or restaurant when it comes to drunk revelers taking the wheel.  In other words, social hosts are generally not required to take positive step to prevent an intoxicated person from driving home.

“I conclude that as a general rule, a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol,” wrote Chief Justice Beverley McLachlin.  However, the Court did leave room for potential liability where a host’s conduct “implicates him or her in the creation or exacerbation of the risk.”

In other words, the Court cautioned that hosts may still be held liable if they create a risky situation or make a situation worse.  For example, a host who aggressively plies guests with drinks or keeps serving alcohol to a visibly inebriated guest knowing that the person will be driving home may become liable in the event of an accident.

Although this exception to the general rule has not yet been tested in any Canadian court, it is worth bearing in mind.  Even if there hasn’t been a successful case against a social host, this doesn’t mean it can’t happen.

Some Party Hosting Tips:

If you’re hosting a seasonal get-together or New Years’ party in your home for friends and family, take stock of some of these tips.  (Note that for an employer hosting a social function where alcohol is served, legal duties likely fall somewhere between those of a social host and a commercial host.)

• Plan ahead! Arrange designated drivers beforehand, or arrange for a sober driver to pick up guests at the end of the night.  Make up some spare rooms for guests to stay overnight if necessary.  Keep cab numbers handy and have cash on hand for those who didn’t foresee the need for taxis.
• Stay sober: Be a responsible host and don’t drink much (if anything) yourself.  A good host can avert plenty of trouble simply by being observant.  If your party-goers are known to indulge, keep an eye on how much alcohol is being consumed.
• Monitor: If you foresee trouble, mix and pour the drinks yourself, or have a designated bartender.  If you’re hosting a BYOB (bring your own bottle/booze), you need to be extra-vigilant.
• Closing Time: Stop serving alcohol several hours before your party ends. Bring out more food and alcohol-free drinks.
• Be Perceptive: Find out how your guests are planning to get home.  If you see one of your guests climbing into the driver’s seat of his or her car and you’re not sure whether they should be driving, don’t let them drive away.  Offer to drive them home yourself if you haven’t been drinking, offer to call them a cab, or offer them a place to stay overnight.
• Intervene if Necessary: Plan to be tactful, but remain firm if necessary.  Enlist someone else’s help if you encounter resistance.

Responsible hosts take everyone’s welfare into account – including strangers on the roads.  You don’t want anyone to get hurt.  And that means you don’t want to be reliving the details of your party months later … in a courtroom.

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