No matter how big or small, life's battles
need not be fought alone. If you've been injured in an accident and are seeking
compensation from the party responsible, an injury law firm in Vaughan should
be your first line of defense.
There are many types of accidents that can
result in a personal injury – motor vehicle accidents, slip and fall,
pedestrian accidents, hit and run, bicycle accidents, and product liability are
just a few – but one type of accident that often goes overlooked is host
liability. With so many hidden waivers and releases of liability, if an injury
occurs in a place of business like a restaurant or a bar, host liability may be
called into question.
Liability and Hosts
Throughout the year there are many
functions that we attend where alcohol is being consumed. Host liability is
often associated with liquor liability, to which there are three main
distinctions – social hosts, commercial hosts and employers. If ever an
accident were to occur that results in an injury, an injury law firm in
Vaughan can be your guide to dealing with the situation in an efficient and
is Host Liability?
Whether you are a homeowner hosting a
party, a business owner, employee, or patron, understanding your
responsibilities is necessary when serving alcohol.
In the marquis case of Zoe Childs, a victim
of a drunk driving accident that left her paraplegic and killed her 17-year old
boyfriend in 1999, host liability fell under the spotlight. Though after more
than 5 years of cases and appeals, a 2006 Supreme Court ruling declared:
"A social host at a party where
alcohol is served is not under a duty of care to members of the public who may
be injured by a guest's actions, unless the host's conduct implicates him or
her in the creation or exacerbation of the risk."
As a place of business, a "duty of care” is
placed on the proprietor of a restaurant, bar or other commercial establishment
as ruled by the Canadian high court in 1995. This means that bars are legally
liable if an accident occurs after they've continued to serve a patron who's obviously
intoxicated and are then allowed to drive.
Employees who serve alcohol must possess a
registered Smart Serve certificate that represents being educated on the risks
of serving/over-serving their patrons. Though, pressure from employers can
still cause bar employees to over-serve.
Should you ever be involved in an incident
where host liability may the cause of a personal injury (whether as a victim or
the responsible party) it's advisable to seek the educated council of an injury
law firm immediately.
an Injury Law Firm?
The lawyers at an injury law firm
the most qualified legal representatives in the case of personal injury as a
result of host liability. Like with any legal process, strict timelines,
complex procedures, and careful involvement with insurance companies is
you're in the midst of the reconciliation process for your own injuries or if
the negligence of the business you run has caused an accident working with an
injury law firm in Vaughan will ensure that these requirements are met.