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-- Private party hosts not liable: SCOC
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Originally posted by Dopey was suing the driver not enough? I bet the hosts of the party had more money and therefore had to go thru this shit

yeah, thats exactly why they did it. I feel bad for the family, cuz the driver has nothing, and the Victims of Crime Act doesn't do enough.

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Originally posted by TO guy No. If they had the duty, and the guy crashed his car, then the obviously didn't meet their standard of care. They don't have a duty, that is why they were not found liable.

In this particular case they were not serving the alcohol...or supplying the alcohol. The comment was geared towards situations where you are supplying the alcohol. Even in cases where you don't serve alcohol you may still be found to owe a duty of care.

I believe in this case...the person was no stranger to alcohol. It is quite possible that the person did not appear intoxicated and that helps the case for them not being negligent. If it was obvious that the person was intoxicated and shouldn't be leaving your residence then you would still owe a duty of care to prevent him/her from leaving your residence....especially by car. I had a claim where a person lived only 10 houses down the street from the party my insured was throwing and he had driven to the party after work. He was quite intoxicated and my insured did not let him drive and took his keys however, they let him walk home. He ended up stumbling into the street and was hit by a car. Our insured was sued...along with the driver of the car.....and we ended up settling the claim before it went to court...but our cousel suggested that we would have a very difficult time getting out of the lawsuit with 0% liability as we ought to have known it was dangerous to let him leave the premises in his condition.

quote:

Originally posted by Dopey was suing the driver not enough? I bet the hosts of the party had more money and therefore had to go thru this shit

Insurance pays for it all anyhow......and people wonder why their rates keep going up.

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Originally posted by ChemEnhanced The reality is....if you are hosting a party and you provide the alcohol then it is your responsibility to make sure you don't over serve people. As the hosts and provider of the alcohol you have a duty of care to make sure your guests don't over drink...you also have a duty of care to all those on the road if you let that person drive....including the drunk. The issue comes wether the hosts did something they shouldn't have or if they failed to do something they should have. If either one of these are the case then they are negligent and would be held liable for the actions or failure to act. In a case like this one...they would not be 100% liable but at least a portion liable.

Wrong... whether the host is serving or not it is up to the person drinking to judge how much he has and whether or not he should drive. Whatever happened to taking responsibility for one's self? 3rd parties should always have MORAL responisbility to try and provide for drinking people. But this morality should never ever be written into law.

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Originally posted by Jayx1 Wrong... whether the host is serving or not it is up to the person drinking to judge how much he has and whether or not he should drive. Whatever happened to taking responsibility for one's self? 3rd parties should always have MORAL responisbility to try and provide for drinking people. But this morality should never ever be written into law.

In a perfect world I agree with you...however....in this society everyone blames others for their stupidity....that is why we have insurance.....for when people do stupid things.

I guess CAMH has to change it's pamphlets.

They have this brochure that describes the responabilities of a host during a private party.

Still, those two should have got the guy not to drive. I know it is difficult sometimes but a lot of people have a "leave your car keys at the door" policy.

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Originally posted by StereoPrincess I guess CAMH has to change it's pamphlets. They have this brochure that describes the responabilities of a host during a private party. Still, those two should have got the guy not to drive. I know it is difficult sometimes but a lot of people have a "leave your car keys at the door" policy.

And thats a good policy to have. But that policy should not be a law.

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Originally posted by ChemEnhanced In a perfect world I agree with you...however....in this society everyone blames others for their stupidity....that is why we have insurance.....for when people do stupid things.

insurance is one thing. Blaming someone for serving alcohol is what im pissed off at.

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Originally posted by Jayx1 insurance is one thing. Blaming someone for serving alcohol is what im pissed off at.

Oh I agree....people have to take responsibility for their own actions. I see crap like this every day and some days I absolutely hate the human race for the shit they blame on others.

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Originally posted by ChemEnhanced Oh I agree....people have to take responsibility for their own actions. I see crap like this every day and some days I absolutely hate the human race for the shit they blame on others.

The "blame others" mentality is mostly a north american phenomenon...


Its not a human race thing. Its how we have built our particular society.

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Originally posted by Jayx1 The "blame others" mentality is mostly a north american phenomenon... Its not a human race thing. Its how we have built our particular society.

Agreed.....but I was just making comment on more of an overall feeling I get when dealing with people who constantly blame others. The majority of insurance claims that I handle are liability claims and it amazes me how everything is someone elses fault....Overall...I truly feel the majority of people will take responsibility for their own actions however those are not the people who put insurance claims in for slip and falls and shit. When you deal with litigous people everyday it warps your sense about society in general

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