Injured By a Drunk Driver
In Alberta and Canada, there is the potential to recover compensation from bars, taverns, restaurants, liquor stores, and other commercial establishments that serve or sell alcohol. If a business serves or sells alcohol to a visibly intoxicated person, who subsequently causes injury or death to a person, that business may be liable for the injuries and losses suffered by the accident victim.
Canadian courts have long held that commercial hosts owe a duty of care to patrons who face a reasonably foreseeable risk of injury as a result of alcohol intoxication. The seminal case in this area is Jordan House Hotel Ltd. v. Menow and Honsberger where Supreme Court of Canada held that a commercial host has a duty, not only to not over-serve patrons, but also to arrange for the patron’s safe transport home if the patron becomes intoxicated at its premises.
However, beyond proving a duty of care, the injured person in a lawsuit action against a bar, tavern, restaurant or other commercial host, must also prove that the commercial host breached the relevant standard of care. The injured person must also show that the commercial host’s over-service caused or contributed the accident occurrence. A commercial host may escape liability if the facts prove that the commercial host took reasonable steps to ensure the patron’s and the public’s safety.
Proving that someone other than a drunk driver is also responsible for your injuries and losses can be difficult. We know and understand commercial host liability. Contact cassidyHEA injury law today to find out if you may have a claim against a commercial host for your injuries.