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House parties can range from quiet gatherings of close friends and neighbours to all-nighters that end when the police arrive. In addition to being concerned about noise bylaws, some related activities can result in charges and even lawsuits.
As a host or homeowner, being sued for injuries your guests might cause may be the last thing on your mind. It is important to consider what can happen if a guest who drank too much is in a tragic collision or if minors are allowed access to alcohol. Although the area of social host law is still developing, one thing is clear. You could successfully be sued for injuries your guests cause if you were negligent.
Before a person can be found negligent, they must owe a "duty of care" to the person who is injured. This means that people are expected to exercise a certain amount of care towards those who are likely to be affected by something they do. When a certain amount of care is not taken, there may be a case for negligence.
Generally speaking, the law allows people who witness a risky situation to choose not to become involved. However, if there is a special relationship between the parties, not getting involved may also amount to negligence. This is the case, for example, between teachers and their students or parents and their children. This is also the case if the person created or had control over the risky situation and failed to do anything to prevent an injury.
The issue of party hosts and negligence has been before the Supreme Court of Canada. Although every situation is different, the Court's ruling provides helpful information to keep in mind. Generally speaking:
However, the situation may change if, for example, a host continues to serve alcohol to a visibly drunk guest knowing that they are going to drive. The situation may also be very different where minors are involved. In these situations, hosts may owe a duty of care because they have created or contributed to a risky situation.
People who host parties need to consider whether they are creating a risky situation. They should also consider if there is a supervisory relationship between them and their guests. For example, a school putting on a grad party will have a duty to provide its students with adequate supervision. Other situations may not be as clear.
Under Saskatchewan law, a person must be 19 years of age or older to buy, drink or possess alcohol. The only exceptions to this are that:
It is important to note that parents cannot give permission for someone else to give their child alcohol. The parent must be the one who provides the alcohol to the child.
It is an offence to give or sell alcohol to someone underage. This includes things like providing alcohol at a party or purchasing alcohol for a minor. A person who gives or sells a minor alcohol can be fined up to $10,000 and sentenced to jail for up to two months.
By not providing minors with alcohol, you protect both yourself and the minor from potentially serious consequences. However, the fact that you did not supply the alcohol does not mean you have no responsibility. Social host liability is an evolving area of the law. Hosts may not be able to avoid responsibility just because they did not actually provide the alcohol. Courts will look at all the circumstances to decide the matter of a duty of care.
It is not at all unusual for high school students to consume alcohol. Add access to social media into the mix and things can get out of hand pretty quickly. While people are not generally responsible for the negligent act of another person, there are exceptions. Failing to properly supervise teen parties and allowing minors to drink alcohol in your home could fall into this category.
As mentioned before, this is an evolving area of the law. In one case, the parents simply permitted a teenage drinking party in their home. The court determined that they were not responsible for everything that a drunken teenager might do after leaving the party. However, in another case, a court found that parents do owe a duty of care to people that come into their home. Leaving a teenager unsupervised, for example, while parents are out of town, could be considered negligent.
Determining if someone has been negligent is a complex question that the courts will decide on the facts of the particular case. An unsuccessful case against you will still result in you spending time and money defending yourself. Even if there is no lawsuit, no one wants to be involved in a situation where someone is seriously injured or killed. Given the potential consequences, it makes sense to play it safe. There are steps that people can take to protect both themselves and their guests.
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