Question

After becoming intoxicated at a New Year’s eve BYOB party, Clint Westwood drove his vehicle into oncoming traffic and collided head on with a vehicle driven by Patricia Madden, killing one of her passengers and causing life-altering injuries to three others, including Zoe Childress, a teenager at the time, who was left paraplegic when her spine was severed in the accident. Ms. Childress sued Mr. Westwood and the hosts of the party.

The Plaintiff argued that the social hosts were liable for the injuries because they provided the venue where the defendant became intoxicated and allowed him to leave in his vehicle while intoxicated. The defendant was impaired and exceeded the legal blood alcohol level.

The court found in favor of the Defendant and dismissed Ms. Childress’ case against the hosts. The Supreme Court of Canada emphasized the differences between a social host and a commercial host, and why commercial hosts are obliged to take positive steps to protect third-party members of the public:

Monitoring liquor consumption

Those who profit from the sale and consumption of alcohol should bear some responsibility to reduce risk

The Court in this case found that hosting a party at which alcohol is served does not, give rise to a duty of care on hosts to third parties who may be injured by an intoxicated guest.

Answer 1

The Supreme Court of Canada found that social hosts are not liable for injuries caused by an intoxicated guest. The court emphasized the differences between social hosts and commercial hosts and stated that commercial hosts have a duty to reduce risk.

Step-by-step explanation:

The case described in the question pertains to the liability of social hosts for injuries caused by an intoxicated guest. The Supreme Court of Canada determined that hosting a party at which alcohol is served does not create a duty of care on hosts to third parties who may be injured by an intoxicated guest. The court emphasized the differences between social hosts and commercial hosts and stated that those who profit from the sale and consumption of alcohol should bear some responsibility in reducing risk.