Legal precedents have shown that in comparison to private hosts, employers may have a greater chance to be found accountable for the actions of their employee guests.
A recent case involving a real estate company receptionist, Linda Hunt, is a good example of what can happen when too much alcohol is consumed at a company event. Ms. Hunt drank past the legal limit at her boss’ Christmas party and then endeavored to drive through a snow storm, leading to a life changing injury. She experienced brain damage and a fractured spine. This lead to her suing her employer for permitting her to drive home from the work party while she was inebriated and still over the legal limit.
The trial judge awarded Ms. Hunt one-quarter of a $1.2 million verdict, as the trial judge considered her accountable for three-quarters of the accident.
It’s not just employers that need to be concerned. A host for a private party can also be held responsible for allowing his or her guests to drink and drive. This situation is examined in an Ottawa case, “Childs v. Desormeaux”, where the Defendant departed a New Year’s Eve party from a host’s home after consuming 12 beers in two and a half hours. Desormeaux’s car crossed into oncoming traffic, causing an accident when he crashed into Child’s vehicle. The crash left Child’s boyfriend dead, while she became a parapelegic. Desormeaux was ultimately sentenced to 10 years in jail and barred from driving a motor vehicle for 10 years.
Criminal charges were not the only ones that were filed. Desormeaux and others that attended the party that New Year’s came together and filed a civil suit against the hosts of the party. In the end, the case ended up going to the Supreme Court of Canada. In 2006, the ruling of the Court was that the hosts of the event were not accountable for the inebriation of Desormeaux as they had not been the ones to provide him with the alcohol he consumed that night, as well as the fact that they were not observing how many drinks he was consuming.
The allegations in this civil case may have been dismissed, but the chances of that happening when an employer is involved are much slimmer. The boss who permits his or her employees to drive home drunk after an evening of drinking at an office party is much more likely to have to pay reparations.
Lewis Smith of the Canada Safety Council states that, “If the employer is providing alcohol, it is their responsibility to take steps to make sure the employee gets home safely. They are essentially responsible from the moment an employee arrives at the party until they get home.”
So what does that mean for employers? For starters, it means ensuring that taxi chits are provided, carpooling is arranged, or making sure that the employee is picked up by a friend or a relative, become important considerations for employers. It is not sufficient to just suggest that an inebriated employee take other modes of transportation than his or her own car, the employer must ensure that other options are provided.
This advice carries over to party hosts as well. This upcoming long weekend, make sure none of your guests are getting behind the wheel while inebriated. Ensure that there are numerous other options available to them, even if that means taking away their keys.
