Thursday, January 19, 2006

How responsible are hosts' for their guests?

The Supreme Court of Canada has to determine if party hosts are liable for allowing a drunken guest to drive home, as reported by the Toronto Star.

Apparently the guest in question, Desmond Desormeaux (who will henceforth be referred to as 'the drunk' in this posting) was in no shape to drive - but, as is known to happen with drunks - they think they are fine. Is it the responsibility of the host to take the keys away from their guests? Or, forcibly not allow them to leave. Or, force them into a cab?

This case has already been ruled on twice. The first time the judge ruled the hosts were responsible. The Ontario Court of Appeals said the hosts were not responsible because they didn't actually serve the drunk the drinks. It was a BYOB and the hosts' didn't realize how much the guest had to drink.

I don't believe the hosts should be responsible. Where would you draw the line? Let's say I have a cocktail party and invite 6 good friends. Those 6 good friends each bring a guest. One of these guests is drunk and wants to leave. I try to stop him/her from leaving because they've had too much to drink. I offer to make coffee. They refuse. Did I mention he or she may be over 200lbs and i'm less than 130lbs. How can I stop him from leaving? I even offer to call a cab - they refuse. In that situation would I be responsible? Let's say in a different scenario I'm the DD for myself and a friend that go to a party. The friend gets drunk. It's late I want to go home so I say to drunk "drunk, it's time to leave. Let's go, I'll drop you off at home". The drunk wants to stay and party. I tell drunk to get a ride with someone else or sleep it off there. Later drunk borrows a car from someone else and gets in an accident. If the Supreme Court of Canada rules that hosts' are indeed responsible for their guests actions after they leave a party - could one reasonably hold me to blame because I was to get drunk home originally?

There was a case here in Canada a couple of years ago. A woman went to her company Christmas party. The company offered free cab rides to all their staff so no one would drink and drive. Her superior offered her a ride home - she declined. She drove, was in an accident and sued her company. The court ruled her company was partially responsible.

For anyone that has had to deal with a drunk in the past - I think we can all agree that there is no reasoning with them. As much as I sympathize with the innocent 3rd party in the above Toronto Star case I don't see how hosts' can be held responsbile. Where would it end? People need to start acting responsibility - and we need tougher drinking and driving laws! In the above case the drunk killed an innocent person! He ruined the life of a 2nd innocent party who is now a paraplegic. Throw him in jail for a minimum of 10 years. I'm sick to death of our court system allowing these people off with light sentences. Let's stop passing the blame to other people. I for one would never get behind the wheel of a vehicle after drinking. I have no sympathy at all for anyone that would! Throw the book at them.

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