The holiday season is upon us, which means many of us will be attending holiday parties with friends, work colleagues, or family to celebrate the spirit of the season. However, if you will be hosting a private gathering, there are responsibilities beyond creating a wonderful guest experience. In Ontario, the laws regarding social host liability are nuanced, and understanding them is crucial to ensure the safety of your guests and protect yourself from potential legal consequences.
As a party host, you are responsible under social host liability and owe your guests a duty of care to avoid foreseeable situations that could put your guests, or others, in danger. This liability extends to serving to the point of intoxication, as well as premise liability.
Though the law will not hold a party host accountable for the actions of an impaired party guest if they are not reasonably foreseeable, and we have seen a shrinking of liability for social hosts in recent years, this does not mean in all situations the social host will be relieved of responsibility. The only way to ensure you are covered as a social host is to ensure reasonable steps for the safety of your guests, and others who may be affected by your guests’ actions, have been taken.
To minimize the risk of legal liability and, more importantly, to promote safety during your holiday party, consider these practical tips for hosting this holiday season.
Social host liability applies to anyone who has invited guests to an event where alcohol/cannabis is served. Though both are legal, over-serving your guests can result in liability if an accident occurs on, or off the party premises.
As the host, you can be held liable if you have knowledge that your guests are intoxicated, and are engaging, or plan to engage, in potentially dangerous activities or destructive behaviour and allow them to continue. This includes allowing your intoxicated guests to leave your event in their vehicle.
Even if you don’t provide alcohol at your event, you can still be held liable for any accidents, injuries, or mishaps that occur on your property. This is called occupiers’ liability, and it is your responsibility as the host to ensure there are no hazards or preventable situations under your watch.
Taking keys, allowing guests to stay overnight, and/or providing your guests with alternatives to driving home are good ways to reduce your liability as a social host and the risk of guests driving impaired. Encourage your guests to use designated drivers, Ubers, or public transportation, and provide information or arrange these options to help ensure that guests have a safe way to get home.
Holiday, or any, parties are meant to be memorable events. As a host, you have a duty to ensure the safety and well-being of your guests and others that may be impacted should your guests be intoxicated. Taking the appropriate precautions will help protect you from potential legal liability, but more importantly, they will contribute to the safety and welfare of your friends and loved ones during this holiday season. Remember, a memorable holiday party is one where everyone gets home safely.