Summer is approaching. As we near the patio season and summer parties, there are plenty of things to consider as a host. You need to be aware of potential liability issues which could dampen your summer fun.

Jacobsen v. Nike Canada Ltd., 1996 CanLII 3429 (BC SC) was the first case in Canada to apply host liability in the workplace. Jacobsen, 19, was a warehouseman with Nike. He and his co-workers drank beer at work which Nike provided. One day after work, he visited 2 clubs and drank more beer. Driving home, he veered off the highway, was thrown from his car and was left quadriplegic. Jacobsen sued Nike. The Court held that, although the employee voluntarily drank to intoxication, his employer failed to provide a safe workplace by introducing alcohol. Jacobsen was awarded $2.7 million. The Court held Nike 75% responsible.

A business can be held liable for any injury sustained due to a guest’s intoxication.

Beer PourThe good new is there are ways to protect your business. Some ideas:

  • Host the party at a restaurant or place where the proprietor assumes responsibility for serving and monitoring alcohol intake.
  • Advise guests to be careful of over drinking unless rides home have been arranged;
  • Do not make social events for employees mandatory;
  • Provide taxis or designated driver services;
  • Provide non-alcoholic drinks and food;
  • Review the terms of your insurance policy.

    If you know your rights and obligations beforehand, you’ll be much better equipped to host a fun and eventful party, without any legal consequences. If you have any questions or concerns, contact a lawyer.

    Have a safe and enjoyable summer.

    Beach Drink

     


     

    You need someone truly on your side. Why settle for less?

    Contact Einfeld Law for a free, initial consultation at (250) 712-0001, visit us at www.kelownalaw.com, or find us on facebook.
     


     

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