Having a glass of wine or two does not seem to hurt anyone until a mishap happens especially on the roads as DUI cases. Drunk drivers are common on special occasions and the holiday season where many consumers release restraint on alcohol consumption until it is too late.

Our well established legal firm has skilled and qualified personal injury lawyers who can assist in such predicaments. We are experienced and well versed with the stringent DUI laws and penalties that could be imposed on social and commercial hosts.

Legal Obligations of Social Hosts and Commercial Hosts

The question that begs to be answered as presented by DUI victims or loved ones is who should be held responsible for the calamity that befell the victim. What are the legal implications and avenues which are open to DUI victims and loved ones who plan to sue the responsible party for their mishap? A DUI case in Ontario could be very vague as socially responsible parties could include:

• Party hosts
• Corporate managers
• Tavern operators
• Drinkers

The province of Ontario develops clear guidelines on various obligations by possible responsible parties that supply or allow alcoholic contents in their private functions or premises. Such social hosts or commercial hosts are obligated to ensure the safety of their guests who drink and drive. Many adverse mishaps occurred as a result of liquor liability which turned into heavily litigated lawsuits that are costly to insurance companies  of the defendant.

Commercial Hosting on Liquor Liability 

It is common for businesses to host dinners, functions, parties and celebrations as part of their corporate activities which tend to allow a free flow of alcohol amongst guests or participants. However, an over indulgence of alcohol at these events could lead to undesirable automobile accidents that are classified as DUI cases in Ontario.

Many DUI defendants who were charged in DUI cases were found to fail certain tests that verify their clarity of mind and judgment in driving. The intoxicated defendants would need professional legal counsel specializing in commercial host liability. Our skilled Mississauga car accident lawyer or personal injury lawyer in Toronto should be consulted in Ontario DUI cases.

A commercial host liability is different from that of employer or social host liability with varying specifics in the Liquor License Act that compel taverns or liquor suppliers to comply when serving liquor in public. This statutory framework lists a clear statutory duty of care which must be sustained in any commercial host liability lawsuit defense.

The Act on Liquor Licensing states a clearly defined statutory obligation on commercial hosts in Section 39 where:

• Anyone selling liquor to a member of the public whose condition is deemed to be likely intoxicated by the liquor served to incur personal injury on self or others or their property would be liable to be charged under the provincial law.

• Anyone intoxicated from liquor sold who causes personal injury or damage to a third party or property would be liable to compensate the injured party.

The commercial liability law in Ontario collaborates with the Liquor License Act Section 39 to charge DUI defendants for causing undue injury or damage to a victim in an unfortunate DUI incident. Not only would DUI defendants be charged but also the commercial provider of liquor to the DUI defendant who caused the injury on another.

Social Hosting on Liquor Liability

Private home or corporate parties which serve alcohol are known to be social hosts who could be held liable for their drunken guests after the event should a mishap on the road occurs. The Ontario law is changing its stance to implicate private hosts on DUI cases where guests are known to be intoxicated from alcoholic serving.

Social hosts must be extra cautious about their guests getting behind the wheel if they had been drinking during the function. The Supreme Court of Canada may impose the same strictness in penalties and charges on the social hosts as well as on the DUI defendants if the personal injury incurred by the accident is deemed serious.

Victims who have been injured by a DUI driver and social hosts should consult our qualified and experienced personal injury lawyers for a free consultation with regards to filing a lawsuit against the defendants.  While the DUI defendants have a high responsibility towards the auto incident and personal injury imposed on the innocent, social hosts may be implicated if the Ontario Court finds evidence of their failure to prevent the DUI defendant from driving after drinking.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.