Date: Wed, 3 May 2006 13:40:05 -0600

From: Lewis Klar

Subject: Childs v. Desormeaux

In Canada, commercial hosts can be and have been found liable to their patrons for injuries caused to themselves when they drunkenly drive home. It is not "their lookout". The first Canadian case back in the early 1970's was in fact between the drunk patron and the bar which served him for injuries which he suffered while going home (was hit by a car while staggering along road). I am not sure if Robert Stevens was referring only to social hosts when he suggested the opposite.

Lewis Klar

>>> Robert Stevens 5/03/06 1:01 PM >>>

1) I don't think anyone was suggesting that a host would be liable to his guests for their injuries to themselves when they drunkenly drive home. That is their lookout.

2) Parties per se are not careless. If you ply your guests with booze, knowing they are going to drive home, you are imposing an unreasonable risk on third parties by your conduct which could have been easily avoided.

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