The host of a party determines what refreshments should be served to guests. If the guests were offered alcoholic beverages, any one of them might become intoxicated, by downing a series of drinks. Later, one of the intoxicated guests/divers might run into another vehicle. Who should pay for the resulting damage?
Holding the host responsible
The law that applies to party hosts states that any host can be held responsible for an accident that was caused by a guest that had been consuming alcohol at the host’s party.
A host is defined as anyone that serves alcohol to guests. The host does not have to be someone that is entertaining the guests at a large party. A homeowner, a renter or a property owner could get labeled as a host.
The 2 types of party host claims
In a 1st party case, the party hose gives alcohol to a guest on a repeated basis. Eventually the same guest becomes intoxicated. At some point, that intoxicated guest/driver could run into another car, or a barrier such as a tree. If the intoxicated driver were to become injured, then he or she would have the right to sue the person that hosted the party.
Seldom does an adult-age driver sue an adult host. Adults are judged old enough to know how to refuse an alcoholic drink. Consequently, minors make up the bulk of plaintiffs with a fist party challenge to a former host.
A third-party case has a start that resembles the start of a 1st party case. Someone hosting a party offers drinks to guests. If the host’s hospitality pushes the guests to down large amounts of alcohol, then one or more of the same guests could get intoxicated.
If a car driven by an intoxicated host/ driver were to collide with another vehicle, then the occupants of either vehicle could get injured. If the driver had carried automobile insurance, then, depending on the limits in the driver’s insurance policy, the treatment costs for the passengers should be covered. Still, the insured driver would face the prospect of having to pay larger insurance premiums. Moreover, the insured driver would have a DUI charge on his/her driving record. Those would represent losses that deserved compensation.
How could that same driver get compensated? He or she could sue the party host, the person that had been providing guests with access to alcoholic beverages. The laws governing the conduct of party hosts would allow for initiation of a lawsuit against the person that has hosted a party, as per personal injury lawyer in Spruce Grove.
Recall that adults seldom sue another adult. Instead, the parents of a minor might sue a host that had offered alcoholic beverages to a guest that was younger than 21.