You may be aware that a restaurant or other establishment serving alcohol is not allowed to overserve alcohol to patrons. What you may not be aware of is that restaurants and party hosts serving alcohol have a duty to make sure the people they serve alcohol to arrive home safely without injury.
In Jordan House Ltd. v. Menow, [1974] SCR 239 [1], a ‘regular patron’ was kicked out of a hotel for being intoxicated. The man was then struck by a vehicle after he walked down a highway. The man would have needed to walk down the highway to go home after he was kicked out of the hotel. The Supreme Court of Canada found that the hotel, the driver of the vehicle, and the patron were all equally at fault. The Court stated the bartender at the hotel was aware that: the patron was intoxicated, they had overserved him, and he was not in a reasonably fit condition to look after himself.
This duty also includes other persons who are injured by an intoxicated person, such as a driver of a motor vehicle who leaves a liquor serving establishment and then causes injury to another person. It may seem that the intoxicated person is entirely at fault for causing the injuries, however that is not always the case.
If you have been overserved alcohol by a restaurant or other establishment, and then injured either due to a slip and fall or motor vehicle collision, you may have a claim.
If you have been injured by another person who was overserved alcohol at a restaurant or other establishment, give us a call or email us at info@mosshacheylaw.com.
Intoxication cases can change based on specific facts, so it is always important to let your lawyer know all the details at your first meeting. These important facts or evidence may include:
- How intoxicated you were at the time of the injury;
- Whether you were behaving carelessly when you injured yourself (ex: showing off);
- Whether you were with anyone else who may have caused the injury (ex: other intoxicated people, multiple locations, etc);
- Whether you were under the influence of any other recreational substances.
Remember, we’re always on your side. Give us a call for a free consultation on this or any other injury-related matter.
