Imagine a miner getting drunk in your house, losing his balance and falling over a balcony railing. He is paralyzed. A lawyer representing the injured young man is suing you for millions of dollars. You only have a million dollar insurance for your home. If you are negligent, you owe millions of dollars. The law continues to evolve and recent court decisions impose greater responsibility on social hosts. In the 2013 decision in B.C. Lutter v. Smithson, claims are filed against parents who allow a 19th birthday party for their daughter in their backyard. One of the guests, Dallas Smithson, 18, gets drunk at the party. He leaves Mazu`s house in a friend`s car and gets into a taxi, injuring the passenger and killing the driver. The passenger in the car, Mr. Fighting, is now suing the adult hosts of the party for failing to control the situation, allowing a minor minor to drink alcohol and failing to take Mr.
Smithson`s keys or prevent him from driving. This case is now before the courts. It`s a tough decision – deciding whether or not minors are allowed to drink in your home. As a lawyer, I remind you that it is illegal to serve alcohol to minors in your home, just as it is illegal for neighbours to give alcohol to your children at home. You have a duty to take reasonable precautions to protect the people who drink in your home from bad things that could happen. By doing your due diligence, you also protect yourself from having to pay for great judgment. As a social host, you don`t have the same legal responsibilities as someone running a bar or tavern. But that`s not all. If you allow an alcohol-related event to take place on your property, if you host an alcohol-related event on or off your property, or if you provide alcohol to others, you may have more legal responsibilities than you thought. The inquest jury recommended amending the Liquor Licence Act to prohibit underage drinking, which Jones said police were on board. “The problem with allowing children to drink at home is that [underage drinking is] against the law,” Neil Jones, a Hamilton lawyer, said in an interview with CBC. “You allow them to do something against the law – you make it easier for them.” Serving alcohol to minors is illegal in Ontario.
However, the Liquor Licence Act allows parents to serve their children in the family home and, until they are served, it does not prohibit other minors from drinking at home. There`s also the possibility of civil litigation if something goes wrong at home, warned Insurance Commission of Canada spokesman Pete Karageorgos. “You can`t insure illegal acts, so something like serving alcohol to minors can invalidate the policy, depending on the company and the wording of the policy.” In almost all countries, the legal drinking age is introduced to prevent minors from consuming alcohol. At this age, a person can buy and consume alcohol. Of course, this age varies from country to country. For example, a person aged 16 or 17 is considered required by law in Europe, while in India you must be 25 years old. You knowingly allow your minor child to arrange a drinking party at your home or elsewhere on your property. Under the Occupiers` Responsibility Act, parents must ensure that their home is reasonably safe for guests, including the condition of their home and the activities that take place there. If a party gets out of hand and someone gets hurt during a beer pong tournament, the host parent could be held liable. To protect yourself, you need to take steps to find out what`s going on in your home and maintain some level of oversight of minors and their activities.
Social hosts who continue to provide alcohol to an obviously drunk guest whom they know how to drive may be held liable for injuries resulting from an accident. Even if you do not provide alcohol, you may still be held liable for alcohol-related injuries that occur on your property or other properties under your control. (The property under your control, for example, may be a party in a room you rented or a party you have hosted at home.) I was invited to speak to Simi Sara this week about the legal responsibility of parents in situations like what happened with the Prime Minister. What kind of legal liability are parents exposed to if minors drink at home? What are the possible legal consequences? The legal age to consume alcohol at a licensed liquor retail outlet in the province of Ontario is 19. It is important to understand that adolescents are particularly at risk of developing physical and mental health problems caused by the negative effects of alcohol. The brains of teenagers and adolescents are more sensitive to the effects of alcohol, and the brain still essentially develops until a person reaches the age of 25. Those who care for adolescents, whether family, friends, parents, caregivers, need to understand that they play an important role in how the child is influenced. Typically, underage drinking begins because the child is exposed to a lot of alcohol through family and friends, and in these social situations and family contexts, a positive or negative message from the child is provided and observed. There is no escape that alcohol is part of Canadian culture and society, but it is adult stewardship, education and up-to-date information about alcohol that help prevent minors from drinking. Teens and teens become curious about alcohol, what it is, what it does, and why people use it.
It is this information, the people around them who influence them and their environment that determine whether they choose alcohol and consume it responsibly. Most parents will know that their children will start asking questions, especially if they see their parents consuming alcohol in excess or seeing people around them consuming alcohol in excess. For this reason, it is important that teens and teens as parents get the right information about the negative effects of alcohol, what it does and how it can affect the user`s physical and mental health. Alcohol is the most commonly used substance in Canada, but more is being done to keep people informed, promote responsible drinking and prevent underage drinking in Canada. Many parents think they can control the environment when children drink at home. After all, teenagers drink anyway, and it`s safer to do it at home than in the bush, right? Most people know that it is not wise to serve alcohol to someone who is obviously drunk. But many don`t know they can be prosecuted and held accountable (legally liable) if they provide alcohol to drunk guests who are drunk and hurt themselves or others – either at the event or on the way home. (Providing alcohol involves serving, giving, or providing alcohol.) Could you ask your kids to have a glass of wine at a family dinner? The law probably wouldn`t blame you. But it would not be advisable to serve alcohol to other minors you visit at home. Some people believe that people who have been raised to drink responsibly are less likely to develop problems with alcohol use and alcohol dependence when they reach adulthood.
Because they don`t see alcohol as a tool of rebellion, they can learn to drink within safe limits. While such a belief may make sense, it still doesn`t rule out the possibility that some of these teens may have problems with alcohol abuse later in life. The responsibility of social hosts came to the fore in the Supreme Court of Canada`s 2006 decision in Childs v. Desormeaux. In this case, a couple throws a party in their home. Apart from a small glass of champagne served to guests at midnight, the party is “BYOB” (Bring Your Own Booze). One of the guests, Mr. Desormeaux, is known to be a heavy drinker, so the hosts ask him if he can drive before letting him get behind the wheel. He says “no problem”, moves away and later causes a head-on collision in which one passenger is killed and the other three seriously injured. Zoe Childs, a teenager, is paralyzed. You throw a party at your house and provide alcohol to a guest who is obviously drunk and you know you want to drive.
Jones served as counsel during a coroner`s examination for the family of Chris Skinner, a 17-year-old who died of alcohol poisoning while drinking at friends` house — while the parents were at home in 2010. Fortunately, the young woman who was taken into care at the Harper residence is doing well. But the story serves as a warning to parents and guardians to be careful when minors drink at home. Especially as high school graduation season approaches. For most of the country, a person can buy and drink alcohol at the age of 18. In provinces such as Alberta, Quebec and Manitoba, underage drinking is permitted for 17-year-olds as long as it is done under the parental supervision of their place of residence. On the other hand, in provinces like Nova Scotia, British Columbia and the Northwest Territories, you can also buy and drink alcohol when you turn 19. In some cases, the consumption of alcohol by minors under the supervision of parents at home is allowed, but it does not allow drinking for other minors who are invited into the said house. The LCBO and MADD condemn underage drinking. However, organizations outline some basic steps hosts need to take to keep their guests safe and limit their liability. RCMP confirmed paramedics were called to Stephen Harper`s home at 24 Sussex Drive last Saturday to assist an 18-year-old woman suspected of alcohol poisoning. A source said there was a party at the prime minister`s house to celebrate his son`s 18th birthday.
You sign a Special Occasion Permit for an event (such as a street party or authorized dance party) and do not ensure that alcohol is served responsibly; the premises comply with fire, construction and other legal requirements; the event is well managed; and that security personnel and personnel receive adequate training.