In those judicial jurisdictions that exercise control over party hosts, the host at a social gathering becomes responsible for any accident-caused injuries. That ruling assumes that the same host has earlier offered alcohol to the driver of the vehicle that eventually collided with the injured victim’s vehicle, or with the injured victim.
Further details on the host’s liability
Liability can be imposed on anyone that has provided a guest with an alcoholic beverage, if that guest has injured someone, while guilty of DUI. The ruling on liability applies to homeowners, apartment renters, and anyone that has shared alcohol with guests. The liability of a host normally comes into focus, if the court has learned that the person found guilty of DUI was a minor, but he or she was still given access to an alcoholic beverage, as per Injury Lawyer in Oakville.
The 2 types of cases that focus on the host’s liability
1st party: That type of case emerges from a situation in which the injured plaintiff turns out to be the person that was provided with an intoxicating drink, while at the host’s residence. Normally, the same plaintiff is a minor. In other words, he or she has not yet reached the legal drinking age.
3rd party: That type of case separates the identity of the injured party and the identity of the person that received an alcoholic beverage at the host’s residence. At the same time, it links the identity of the driver of the colliding vehicle with the identity of the alcohol-served guest.
During a trial for a 3rd party case, 2 different people need to face the injured victim in the courtroom. One of those 2 people is the driver of the vehicle that collided with the victim’s vehicle, or with the victim. The other person is the host or hostess that did not hesitate to share the available alcoholic beverages with all the guests in attendance, at that hosted event.
There are 3 different bases for a liability charge in the 3rd party case.
Negligence: In that case, the guilty host was acting in an unreasonable manner; he or she demonstrated a lack of concern for the safety of others.
Recklessness: This particular charge is based on the host’s conscious disregard for the element of danger that arose from the same host’s willingness to put others at risk.
Intentional conduct: In these cases, the hosts knew one of 2 things. In some cases, each of those hosts knew, or should have known, that they had offered a drink to someone that was under the drinking age. That basis for the charge differs from the alternate situation, in which the host had lacked an awareness of the guest’s age.