Take steps to reduce liability when hosting a holiday party

By Paul Russell, LegalMatters Staff • With the holidays fast approaching, you may be thinking about hosting a celebratory event. If so, keep in mind that throwing a party comes with some legal liability, says Ontario personal injury lawyer Joshua Goldberg.

“While I fully support the idea of people hosting holiday parties for family, friends or employees in the coming weeks, you must be careful,” says Goldberg, principal of Joshua Goldberg Law.

“Under Ontario law, hosts have a responsibility to ensure that their guests make it home safely, especially if they have been drinking,” he says.

As the Insurance Bureau of Canada (IBC) notes, “Anyone involved in the serving of alcohol could be held liable for damages or injuries that occurred when alcohol is deemed to have been a contributing factor in the incident.

“People, companies or any other organization that own, have possession of or have responsibility for premises are responsible, in certain circumstances, for protecting persons on their premises from preventable harm,” the IBC adds.

“It does not matter if you are pouring the drinks at the party or if it is a BYOB event, you could face legal action if a guest is involved in an accident on the way home,” Goldberg tells LegalMattersCanada.ca.

Your liability as a host

According to the IBC, hosts of social parties can be held responsible if they serve people past the point of intoxication and “could be held liable for damages or injuries where alcohol is deemed to have been a contributing factor.”

The IBC says various forms of liability come into play when hosting a party. They include:

• Host liability. If you serve alcohol to someone who is intoxicated and don’t prevent them from driving, you could be held responsible for any damages they cause.
• Premises liability. As the homeowner or occupier, you are liable for anything that happens on your property.
• Employer liability. Firms or managers hosting a party for their employees have a duty to ensure everyone makes it home safely. Courts have signalled that employers may be held at least partially responsible for accidents that occur after an event.

Good guidelines lead to safe holiday parties

Careful planning is crucial when hosting a holiday party, Goldberg says, offering these tips on the steps that need to be taken before an event:

Set down rules about intoxicants: If alcohol is going to be served, let people know so they can make arrangements to get home safely. Let partygoers know if cannabis use is acceptable at the event and if there are any limits on where it can be consumed.

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COVID restrictions: If you are hosting a holiday party for employees it is wise to keep the same policies in place at the party that you have in the workplace. If it is a private party, some hosts may want all guests to take a rapid COVID test before arriving.

Transportation options: Hand out chits for taxi companies or think about renting a shuttle bus.

Consider a lunch party: “People tend to drink less at lunch,” says Goldberg. “As an employer, you can also give them the rest of the day off, so everyone has time to make it home safety before dark.”

Serve food. A variety of food is always a good idea at holiday events since that will slow alcohol consumption.

Limit the free bar. Consider a ticket system to limit the number of drinks a guest can be served.

Clear walkways of snow and ice. “As host, you can be held liable if a guest slips and falls on your property. Shovel the steps, driveway and walkway and salt any area where ice can form,” says Goldberg. “The Ontario Occupiers’ Liability Act makes you responsible for maintaining reasonably safe premises. This includes protecting guests from potential hazards.”

Alcohol can lead to unacceptable behaviour

“People tend to let their guard down after a few drinks and sometimes that can lead to unacceptable behaviour such as sexual harassment,” says Goldberg. “The responsibility of employers to provide a safe and healthy workplace, free of harassment and discrimination, does not cease just because they are hosting a party.”

He adds it is generally a good idea not to have any games or activities that could encourage inappropriate actions, such as those involving mistletoe.

“Even if you don’t serve alcohol at your event, you can still be held liable for any accidents, injuries, or mishaps that happen on your property,” says Goldberg. “It is your job to ensure that there are no hazards or preventable situations that occur.”