When Is a Party Host Liable for an Injured Guest?

Hosting guests can be fun but as we have seen in the courts, what is supposed to be fun, can quickly take a tragic turn as a result of a bad decision. A decision almost always involving a guest consuming an excessive amount of alcohol. When that happens, just how liable is the host of the party, and what have the courts had to say about it? The distinctions the courts have made between cases arising from house parties are quite interesting.

Let’s start with the case of Williams v. Richard. This social host liability case made it all the way to the Ontario Court of Appeal. In this case, a man who had been consuming alcohol at someone else’s house later drove to pick up his children. He subsequently died in a car accident, and his three children were also injured. The important takeaways from this case are two questions established by the Ontario Court of Appeal that are essential when determining liability in social host situations:

1. Was the injury foreseeable?

2. Was there sufficient proximity to give rise to a duty of care (i.e., did a paternalistic or guardian-like relationship exist between the host and the guest)?

In this case, the Court of Appeal found that there was sufficient compelling evidence to allow the appeal, as the guest had clearly appeared intoxicated. Considering who is serving the alcohol can be a determinative factor. If the host provides the alcohol, they are more likely to be found liable than when a guest brings their own. The Court of Appeal determined that the host created an environment with increased risk because he supplied the alcohol to his guest.

This is just one of the many factors the court will consider when determining social host liability.

Let the above case be a cautionary tale for anyone hosting or attending a party: be mindful of alcohol consumption. Because it was the guest himself who was tragically killed in this case, the courts are more likely to hold the social host liable for subsequent injuries or fatalities involving guests. This is an important distinction to keep in mind.

Twenty years ago, in Childs v. Desormeaux, the Supreme Court of Canada ruled on another case involving social host liability. In that case, a guest was involved in a motor vehicle collision with another vehicle, resulting in the death of one passenger and the paralysis of another passenger in that vehicle. The Supreme Court of Canada ruled that there was no duty of care between the social host and third-party road users. In other words, a social host does not owe a duty of care to the entire outside world beyond their own guests.

Based on these contrasting court decisions, it is important to remember the difference: hosts can be liable for injuries suffered by their guests, but usually not for injuries suffered by others.

Regardless, these cases should encourage hosts to be proactive in fulfilling their responsibilities. When hosting, ensure that every guest has a safe way home, whether by Uber, taxi, or a designated driver. Never let an intoxicated guest get behind the wheel of their car; or any car, for that matter. No one wants to be the host who threw the best party but later has blood on their hands because of an avoidable tragedy.

If you or someone you know has been injured in a car accident, contact us. We are here to help.