There are clear rules about restaurants and bars serving alcohol -- they must not serve an intoxicated patron and if they do they face liability. But what about someone having a home get together?
As a purely ethical matter, if a guest is drunk you should stop them drinking more and make sure they have a place to sleep until they are sober or have a safe drive home. If they say they are 'good to drive' you should grab their keys and not let them near a car -- that's for their own good and the safety of everyone else.
The law is consistent with ethics. If you know someone has been drinking at your home and is a risk to drive impaired you have a responsibility to ensure that they not drive. Even though everyone has to monitor their own behaviour once you allow someone to drink in your home you take on a duty to take reasonable steps to ensure they don't drive and are safe.
6 comments:
"Even though everyone has to monitor their own behaviour once you allow someone to drink in your home you take on a duty to take reasonable steps to ensure they don't drive and are safe. "
When did common law recognize this duty, and what of Childs v Desormeaux?
Do safe injection sites face this same standard? Are they libel for the addict who steals to get their next high after leaving the clinic?
There is little in common with the law and ethical behaviour in many parts of the criminal code. It seems curious that on drinking and driving the two should go hand in hand.
Good point on Childs v Desormeaux; but that goes to those injured by the drunk guest -- not the guest themselves. As for safe injection sites, I think the Childs case would apply. So two solid points!!
I'm pretty sure though that the duty of care is nowhere near that of an establishment taking money from guests.
A homeowner has to take reasonable care, but "reasonable" doesn't mean fighting friends for their keys if they refuse to hand them over. It also doesn't mean one or two people monitoring closely a house full of dozens.
I agree Mark, clearly not as stringent
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