One way to show your festive spirit this time of year is to host a holiday party. Whether it is with family, friends, or both, these celebrations can be a lot of fun, but party hosts need to be aware of some key legal responsibilities, particularly social host liability.
What is Social Host Liability?
Social host liability is the responsibility you have to ensure the safety of your guests and third parties, including pedestrians and motorists, when hosting a private party. The Supreme Court of Canada has found in Childs v. Desormeaux, 2006 SCC 18 (CanLII), “that hosting a party at which alcohol is served does not, without more, establish the degree of proximity required to give rise to a duty of care on the hosts to third-party highway users who may be injured by an intoxicated guest.”
While this case establishes a general baseline, as with most legal questions, determining whether a host has done more to become liable requires an examination of the specific facts.
When Can the Host Become Liable?
Childs outlined some situations where a host can become liable, including:
- First, a host intentionally attracts and invites guests to an inherent and obvious risk that he or she has created or controls. This could be serving alcohol to a guest who is clearly intoxicated, and the host knows or ought to have known that the guest plans to drive.
- Second, where a host is in a paternalistic relationship of supervision and control. This includes parents hosting a party with or for their children.
The host can also become liable if they:
- Serve alcohol to minors.
- Know about and ignore a visibly intoxicated guest, and potentially fail to stop them from leaving.
- Encourage excessive drinking.
Liability will be determined on a case-by-case basis, but by taking some simple steps, you can ensure your holiday party is safe for everyone.
How to Mitigate Liability
Holiday party hosts can reduce their risks by following a few key steps, including:
- Encourage responsible drinking: by limiting alcohol consumption or providing non-alcoholic beverages and food. Additionally, try to lead by example to set the tone for your party.
- Have plans in place for getting home safely: whether it is arranging safe transportation through carpooling with a designated driver, public buses, cabs, or rideshare apps, or by providing overnight accommodations for guests, having a plan to keep keys out of the hands of potential drunk drivers is important.
- Do not provide alcohol to minors: It is against the law, and hosts, specifically parental hosts, can be found liable.
By planning ahead and taking a few extra precautions, you can ensure everyone, including yourself, is set up to have a good time at your holiday party and enjoy the festive spirit.
