IT’S AGAINST THE LAW TO OVER-SERVE ALCOHOL
Bar and Taverns or any establishment licensed to serve alcohol in Ontario must comply with the Liquor Licence Act. Bar liability, also known as commercial host liability or social host liability can be complex in nature. The staff at these establishments must be certified by Smart Serve and must not serve alcohol to someone who is visibly intoxicated. We at Virk’s Personal Injury Law are familiar with the requirements that the Liquor Licence Act and Smart Serve demand. When proving fault against these establishments, we are able to turn to this knowledge to pin liability against bars and taverns for causing your injuries.
If the bar or tavern serves alcohol to someone who is already visibly intoxicated and the intoxicated person then causes severe injury to another person or even themselves, whether, through a physical fight or a drunk driving accident, the law states that, the bar or tavern will be liable for injuries that the patron causes to another or themselves.
BARS AND TAVERNS MUST BE CLEAR OF HAZARDS
Bars and Taverns are required to keep their premises reasonably safe. If the premises are deemed hazardous, resulting in injury to their patron, they may be held liable for damages – See Unsafe Premises. Other examples of the potential bar and tavern liability can be found where management employs insufficient, negligent or incompetent security and an assault occurs as a result or if their security uses excessive force against a patron, or they have inadequate lighting or other building code violations.
Bars and taverns may be held liable for damages if:
- A bouncer/ security guard uses excessive force and assaults a patron
- A patron is assaulted by another patron where the bar may have overserved and security failed to intervene to stop the assault
RELY ON US TO GUIDE YOU EVERY STEP OF THE WAY
In these legal cases, it cannot be stressed enough how crucial the investigation stage is. We need to quickly gather witnesses, obtain video surveillance, retain experts such as toxicologists, pharmacologists, engineers and accident reconstructionists, obtain any records of the tavern to ensure evidence is preserved. It is also important to secure any receipts or records of alcohol purchases. Our understanding of how to deal with the complex issues of a bar and tavern liability claim is critical to your success.
Looking for a Bar or Tavern Liability Claim Lawyer in Hamilton, Ontario?
If you have been involved in a collision with a drunk driver or altercation with a drunk individual and are unsure as to whether a bar or tavern might share liability for your injuries, please contact a Bar Liability Injury lawyer today!