Hosting a holiday party? Here’s what you need to know about social host liability

As we usher in the holiday season, many are preparing to host family dinners or festive parties – a lot of which will see alcohol served.

Windsor-based personal injury lawyer Greg Monforton warns hosts have more to think about than just the menu and decorations -- they need to ensure guests get home safely.

“The bottom line is if the celebration is taking place on your property, you are responsible for what transpires,” says Monforton.

Canada’s social host liability law means that if someone consumes alcohol at your party — whether it’s provided by you or brought by guests — you could be sued if they hurt themselves or others after leaving.

Monforton says “any lawyer worth his or her salt” is going to look into where an impaired driver came from.

“Most likely the lawyer for the injured will want to explore whether or not the driver had been overserved,” he says.

Even if the impaired driver is ultimately held responsible, Monforton points out that the role of the host can come under scrutiny.

“Where the offending driver had been in the three or four or five hours preceding the collision is very much a relevant issue and will be carefully explored,” he says.

Key legal principles for hosts

Ontario courts consider two primary factors when determining social host liability:

Foreseeability of Harm

Hosts may be liable if they knew — or should have known — a guest was intoxicated and planning to engage in risky behavior, like driving.

Proximity or Duty to Act

A closer relationship between the host and guest, such as parent and child or teacher and student, increases the likelihood of liability.

“As a host, you can’t be expected to be, you know, minutely familiar with the inclinations and behavior of each and every guest,” says Monforton.

“But you still have to use common sense.”

Court precedents in social host liability

Childs v. Desormeaux (2006)

The Supreme Court of Canada found social hosts don’t have a duty of care to third parties hurt by an intoxicated guests. However, liability may arise if the host creates an obvious risk or has a paternalistic relationship with the guest.

Williams v. Richard (2023)

The Ontario Court of Appeal examined a case involving two friends who regularly drank heavily together. The host knew his guest planned to drive but took no meaningful steps to intervene. The court found that these circumstances warranted further examination of liability.

“If you were to over-serve a person, that person then drives home and causes a collision that results in terrible injury, most likely the lawyer for the innocent, the injured will want to explore whether or not the driver… had been overserved,” explains Monforton.

Practical tips for hosts

To minimize risks and legal exposure, party hosts should take the following precautions:

Encourage responsible drinking

Provide non-alcoholic options and food to help guests pace themselves.

Plan for safe rides

Arrange rideshares, designate sober drivers, or offer overnight accommodations for guests.

Monitor guests’ intoxication

Step in if someone is visibly intoxicated. Do not hesitate to cut them off or prevent them from driving.

Avoid risky activities

Refrain from allowing ATVs or other vehicles on your property during the event.

Set clear boundaries

Ensure alcohol is off-limits to teens or underage guests, and supervise their activities closely.

“It really comes down to common sense,” Monforton says.

“What I would urge you to do is to not become paranoid about this, but to err on the side of caution,” he says.

Police raise concerns about impaired driving

The Windsor Police Service has reported an alarming increase in impaired driving incidents.

In just one week, officers charged seven drivers, five of whom were involved in crashes.

“You have to find alternative ways to get home,” says Constable Bianca Jackson.

“This is just not safe anymore.”

Bottom line

Hosting a party where alcohol is served doesn’t automatically make you liable for what happens after guests leave.

However, courts will examine the circumstances to determine if a host should have acted to prevent harm.

By planning ahead, monitoring your guests, and taking reasonable precautions, you can ensure a safe and enjoyable celebration for everyone involved.