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Liability Caution for Canadian Hosts & Property Owners

by PJ Wade

Although Canadians know that drinking at office parties may cause problems for employers, few may understand the risks they run when they entertain in their own homes over the holiday season.

If a guest has a car accident after drinking at your house, you could face a costly court case. Two recent Ontario judgements have failed to hold a party host liable for damages, however, in both cases, the hosts went through the agony of being implicated in a tragedy and had to bear the high cost of defending themselves in court.

The Canada Safety Council (CSC) and Mothers Against Drunk Driving Canada (MADD) caution Canadian hosts to ensure their guests do not drive home impaired. If you decide to serve alcohol, plan for taxi rides, designated drivers or overnight stays.

On New Year’s Eve 1999, a young woman was left paraplegic and her boyfriend was killed when their car was struck by a drunk driver. The man driving the car that hit theirs had been drinking at a house party. He had 2.5 times the legal limit of alcohol in his blood. Because his hosts were aware of his drinking problems and previous drunk driving convictions and knew he was driving, the victim sued the hosts arguing that they were liable because they did not try to stop the man from driving. A judge finally dismissed the case in August 2002 because he ruled that hosts of parties cannot be held financially liable for the actions of guests who drive drunk.

However, these rulings on liabilities may change as attitudes continue to turn against driving drunk. The courts have already established that offering free taxi rides is no longer enough. Private party hosts and employers who plan to serve alcohol or who organize a Bring-Your-Own-Bottle event, have a responsibility to prevent their guests from taking the wheel after drinking.

The Canada Safety Council offers these tips to hosts:

Know your guests. Inviting strangers increases your risk. If someone has a tendency to drink too much, take measures to ensure that person will not drive.

Greet all guests on arrival and departure so that you can assess their condition from start to finish.

Monitor and supervise the serving of alcohol. Designate a non-drinker “bartender” to diplomatically control the size and number of drinks served during the party.

Keep the focus off alcohol. Serve lots of food – hors d’oeuvres, cheese and vegetable platters, non-alcoholic drinks and other festive goodies help keep everyone safe.

“Alcohol-related crashes still cause far too many unnecessary and preventable tragedies,” says CSC president Emile Therien. “The progress is encouraging, but we can’t let our guard down.”

According to the Traffic Injury Research Foundation (TIRF), 906 people died in road crashes involving a driver who had been drinking in 1999. This marks a 30% drop over five years; the equivalent statistic for 1995 was 1,296. Preliminary figures for 2000 indicate a further 5% drop.

The permissible blood alcohol concentration (BAC) in Canada’s Criminal Code ( 0.08 or 80 milligrams of alcohol in 100 milligrams of blood) applies nationally. In addition, all provinces, except Quebec, have short-term administrative roadside suspensions at 0.05 or lower. These measures reportedly have proven to be effective tools in the fight against impaired driving, in part because they provide swift and certain punishment.

CSC believes there is “overwhelming evidence” that further lowering the criminal BAC limit would make little difference in the overall context of current policies, programs and procedures.

In a letter to MADD Canada, which is lobbying to have the criminal BAC lowered to 0.05, Therien said: “The real issue is not that the law needs to be changed but that resources are urgently needed to help police enforce the 0.08 limit, to enable courts and crown attorneys to process charges quickly and efficiently, and to treat offenders with alcohol problems.”

Help make this a reduced-liability and tragedy-free holiday for you and your guests.

Published: December 10, 2002

Use of this article without permission is a violation of federal copyright laws.

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Futurist and Strategist PJ Wade is "The Catalyst" -- intent on "Challenging The Best Become Even Better." PJ earned this title by translating the dynamic impact of Boomers and their multi-generation families into relevant insights that start people thinking and taking action—in business and in life.

Author of 7 books and more than 1600 published articles, PJ encourages individuals to become their own futurist. PJ writes and speaks about the insight, knowledge and solid decision-making skills that professionals and their clients need to live and work in this vortex of change. For instance, since PJ knows that home is headquarters for the new decades-long "unretirement," she wrote the popular book "Reverse Mortgages: Best Friend, Worst Enemy... Your Choice! (CatapultPublishing.com), which is filled with suggestions and insight on protecting and using home equity. Her new business book, "What's Your Point?," which identifies 7 common mistakes professionals unknowingly repeat to their detriment, will be published in 2009.

As The Catalyst, PJ provides strategic communication, client appreciation and advanced education services to the financial, tourism, lifestyle and service sectors -- and the clients they serve. A frequently-quoted financial and business commentator, PJ is a thought-provoking strategic speaker who offers practical, real-life suggestions on leaving "the box" behind and embracing Forward Thinking -- a talent she regularly demonstrates in this column. For more on blogs, books and topics, visit TheCatalyst.com.

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