{"id":2590,"date":"2016-12-30T02:54:11","date_gmt":"2016-12-30T02:54:11","guid":{"rendered":"http:\/\/contelawyers.ca\/?p=2590"},"modified":"2016-12-30T02:54:11","modified_gmt":"2016-12-30T02:54:11","slug":"personal-injury-on-private-property","status":"publish","type":"post","link":"https:\/\/contelawyers.ca\/personal-injury-on-private-property\/","title":{"rendered":"Here\u2019s What You Need to Know About Commercial Host Liability"},"content":{"rendered":"

Commercial Host Liability: How to Keep the Holidays Safe<\/h2>\n

During the holidays, more people are spreading the cheer at holiday staff parties, family events, and outings with friends.<\/p>\n

But that also means an increase in commercial host liability claims and personal injury on private property.<\/p>\n

There\u2019s something so festive about getting together at a restaurant, surrounded by warm holiday scents and decorations. Indulging is what the holidays are all about. But sometimes, people can get carried away with alcohol.<\/p>\n

It\u2019s a restaurant\u2019s job to make sure that holiday cheer doesn\u2019t result in injury<\/a>, or even death.<\/p>\n

When you go out to a bar or restaurant, you\u2019re putting your safety in the hands of the staff. Personal injury on private property is serious and those responsible need to be held liable.<\/p>\n

It\u2019s the establishment\u2019s responsibility to make sure that their patrons don\u2019t make a fatal mistake.<\/p>\n

If you\u2019re injured in a car accident because of someone else\u2019s negligence<\/a>, it\u2019s time to take action. This holiday season, it\u2019s important to understand your options.<\/p>\n

 <\/p>\n

\"Cab
It\u2019s the establishment\u2019s responsibility to make sure that their patrons don\u2019t make a fatal mistake.<\/figcaption><\/figure>\n

<\/h3>\n

What is Commercial Host Liability?<\/h3>\n

Bars and restaurants owe a duty of care<\/a> to their patrons. This means making sure that someone who has been drinking gets home safely, without putting others at risk.<\/p>\n

If someone leaves a bar drunk, drives<\/a> home, and gets in an accident, the bar can be held responsible.<\/p>\n

Commercial host liability falls under the umbrella category of negligence. This generally applies to anyone who doesn\u2019t meet their duty of care to another person or party.<\/p>\n

Other names for commercial host liability include tavern liability, liquor liability, and bar host liability.<\/p>\n

There are two main ways an establishment can be held negligent and liable in this situation:<\/p>\n

    \n
  1. Not making sure the patron has a safe way home. This includes calling a taxi or finding another way home for them.<\/strong><\/li>\n
  2. Over serving the patron to the point of intoxication.<\/strong><\/li>\n<\/ol>\n

    Even if the bar isn\u2019t fully liable, it can still be liable for a portion of the liability for an accident<\/a>.<\/p>\n

     <\/p>\n

    \"
    Bars and restaurants owe a duty of care to their patrons.<\/figcaption><\/figure>\n

    <\/h3>\n

    Commercial Host vs. Social Host<\/h3>\n

    There\u2019s a difference<\/a> between a commercial host and a social host.<\/p>\n

    A social host is someone who provides alcohol without earning a profit. This also generally occurs in their own home or private residence.<\/p>\n

    Meanwhile, a commercial host is someone who sells alcohol for a financial profit. Usually, this is done at a commercial establishment or business.<\/p>\n

    Social host liability is a little more complicated. There are different rules and stipulations when it comes to personal injury on private property.<\/p>\n

    There aren\u2019t any clear, black and white statutes or regulations. However, there are newer laws in place as of recent years that put more responsibility on the social host for providing that duty of care to their guests.<\/p>\n

    Commercial host liability is much more defined and clear. That’s because the Liquor License Act outlines very specific rules and regulations.<\/p>\n

    It\u2019s much easier for an establishment to be accountable for drunk patrons’ accidents. Especially when it comes to accidents that happen when someone leaves a bar or restaurant.<\/p>\n

     <\/p>\n

    \"How
    It\u2019s much easier for an establishment to be accountable for drunk patrons’ accidents.<\/figcaption><\/figure>\n

    <\/h3>\n

    Ontario Smart Serve Laws<\/h3>\n

    In Ontario, anyone serving alcohol commercially needs to have their Smart Serve certification.<\/p>\n

    Ontario Smart Serve outlines the rules and regulations servers have to follow on the premises<\/a>. Everyone who goes through this training understands the Ontario Liquor License Act and what their responsibilities are.<\/p>\n

    When a server undergoes\u00a0Smart Serve<\/a> certification, they are trained to identify a drunk person. Warning signs are also important to know. This is included in the training.<\/p>\n

    Servers have a responsibility to stop serving anyone who is reaching the point of intoxication. They\u2019re also responsible for preventing those intoxicated patrons from driving drunk.<\/p>\n

    If they don\u2019t do either of those things, they\u2019re responsible for any resulting accidents or damage.<\/p>\n

     <\/p>\n