Can You Sue a Bar for Getting You Too Drunk?

 Alcohol has been part of how humans experience society and life since immemorial times. The oldest known alcoholic beverage dates over 9000 years old in China. Other archaeological findings have dated the consumption of wine in Greece to 8000 years ago. The main difference is that we now have higher quality standards and Personal Injury Lawyer Calgary to support you if you need help because of alcohol consumption. In Canada, a recent study conducted in 2019 found that approximately 8 in 10 Canadians between 20 and 24 years old have consumed alcohol, beer and wine as the most consumed alcoholic beverages nationally. Thankfully, however, heavy drinking in Canada has been on a decline since 2015.

While drinking responsibly is expected from people, establishments may still be liable in some circumstances for getting someone drunk enough to be a danger to themselves or others. But how exactly does this work, and how can lawyers in Calgary support you in this kind of case?

In the next following topics let us look over how the law works in Canada and Alberta, and how liable those establishments are.

The Establishment Responsibility

Establishments that serve liquor to their patrons are responsible for their well-being. That means that establishments need to be aware of how under the influence their patrons are and control their intake of alcohol.

If a patron is clearly intoxicated, then the establishment has the right to, and must, cease serving alcohol to them. If an intoxicated person comes to a bar, the establishment has the right to refuse to serve them or even refuse them from entering their property.

If someone from the table is intoxicated, but others are not, the establishment can deny more alcohol to the intoxicated person and keep serving the others normally. However, if alcohol is shared with the intoxicated person by anyone from the table, the establishment may cease to serve alcohol altogether to them and ask them to pay the bill and leave. All the while they ensure everyone is able to get home safely depending o the circumstances.

While it is not an uncommon sight to see intoxicated people at bars, clubs or taverns, the law is pretty straightforward – establishments must not serve alcohol to the point of intoxication.

This includes large clubs that have more than one bar and you may be served by different people all the time. It is the establishment's responsibility to have enough staff to keep an eye out at all times.

Another important point to have in mind is the weather. An establishment is expected to take into consideration the weather when upholding best practices to ensure the safety of its patrons. If a bar decides someone is too intoxicated and kicks them out, it is crucial to note that extreme temperatures may be life-threatening to someone incapable of making choices. Especially in Alberta, where we can get extremely cold temperatures during winter, it is the establishment's duty to ensure you are going home safely.

Liabilities and Violations of Liquor-Serving Establishments

Liability does not end as soon as the patron leaves the property. Businesses that serve alcohol may be held responsible to some degree in the case that the person intoxicated gets in an accident, or commits a crime such as driving under the influence (DUI). To be liable, they must have been negligent in serving alcohol to the person.

In some situations, it is easier to determine the liability of the business in question. Examples may vary, but mainly if the business sold alcohol to someone who is clearly intoxicated, a minor, without a valid permit, or outside of permitted hours may face charges in the event that they are sued.

For that reason, it is safe to say that establishments must take reasonable actions and initiative to make sure that any person that consumes liquor on their property leaves safely and does not cause harm to anyone.

Finding liability may be tricky unless the four aforementioned situations are prevalent. Courts may take into consideration things such as if the patron was accompanied and their ability to support their friend, and how intoxicated they were. Lawyers in Calgary will often recommend bars and businesses of the sort to call a taxi or similar service for patrons who they deem not able to get home safely.

For example, if a bar serves someone to the point of intoxication and that person drives under the influence and gets in an accident, their insurance may not compensate them for any damages received or caused because of their situation. But, if the establishment who served them is found liable they may have to compensate the victim for some damages.

It is important to note that regardless of the liability of the liquor-serving establishment, someone who drives under the influence will likely face criminal charges. The establishment however will likely not face criminal charges, even if matters go to Court. The establishment will more likely face a civil charge, but it is important to remember that every case is different and it is always best to have a trustworthy lawyer with you to guide you through it.

In conclusion, yes, businesses like bars, clubs, or taverns can be held liable in case something happens to a patron who was in no condition to go home safely. That means that you can sue a bar for getting you too drunk, given that they have been negligent in their responsibilities and duties.

Proving liability, as mentioned, can be quite tricky. Your lawyer will need to prove that the establishment was acting in a way that has put you and/or others in danger and has neglected their duty to ensure that you are able to go home when they decided to serve you an intoxicating substance such as alcohol.

Even if the law is clear, proving that the crime existed is hard. Always have a trustworthy personal injury lawyer in Calgary throughout the case to provide you with the best defence in order to safeguard your best interests and rights.

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