AM I LIABLE FOR DRUNK DRIVERS WHEN THEY LEAVE MY HOME?

[@AcksPoetic]

Here’s one: if you are a passenger in a vehicle pulled over for speeding, can cops demand ID etc? Pretty sure you can refuse to answer questions or engage - right?

[@0BAAC0]

When I got my server's license in ON a million years ago, most of the course was spent outlining all the ways you and the bar you worked at was liable for over-service. Scared the crap out of me. But... even with that... A few years in I was closing one night and doing inventory. I turned around and there was a guy leaning on the bar. Looked totally normal. We chatted for a bit. It was close to close and he asked for a beer and I gave it to him. Did a little more of my inventory and turned back and he was so off his face drunk he had pi@@ed himself and was practically falling over. But he could hold it together for just long enough to get a beer from me. The sound guy and me had to put him in a cab (well, convince a cab driver to take him), pay for his trip and get him home. It was crazy. I would have sworn on a stack of bibles that he was sober enough when he asked for a drink. Amazing how fast things can go sideways...

[@tomaga5856]

So restaurants and bars are not held to a standard higher than that individuals?

[@robburns5226]

What if you didn't serve them alcohol and they brought their own

[@DouglasPrice-p9q]

... if a person who is visibly intoxicated at your residence and insists on driving home are you obliged under "reasonable care" to call the cops to prevent them from doing so? ... criminally? ... civilly?

[@hannah9418]

I was going to ask the same thing. This to me is the last step that Mike didn't cover. Is it on us to call police?

[@DouglasPrice-p9q]

@@hannah9418 ... especially if the intoxicated person went on to cause property damage or bodily injury/death while driving his vehicle subsequent to being visibly intoxicated in your residence ... is there any case law in this regard? ... civil law suits? ... criminal charges?

[@renatosureal]

Does a person ABOVE the age of full legal responsibility should be babysit ??

[@5667hall]

I would suggest that it is morally your responsibility to call the cops

[@BRAVO0NETV]

Are you the one driving? No. Not your fault at all. Jeeez not even a question lol

[@JaysonPilla]

Fantastic info Thank u

[@devilsoffspring5519]

Terms like "reasonable" and "common sense" get tossed around a lot. If you value being reasonable and using common sense then DON'T GET DRUNK.

[@DouglasPrice-p9q]

... common sense ... a rare commodity these days

[@renatosureal]

How about the gov't obligating ordinary citizens to babysit a person ABOVE the age of full legal responsibility ?!

[@devilsoffspring5519]

@@renatosureal Yeah, that's supposed to be what we pay the government to do! :) hehehe

[@donnicholson3170]

I'm thinking in almost every instance of this situation that the homeowner would likely be impaired also, so what does that do to the situation?

[@chrisorchard8473]

Ok Mike, what if you live in a tent, igloo, hole in the ground, motor-home, airplane?

[@dorianf1456]

I have a question. When going to a bar or pub does a "bouncer" have a right to put his hands on you? Abviously if you've assulting people they do but what are the rules around that?

[@devilsoffspring5519]

If you go to the bar and you're fucking with people, the bouncer is PAID to muscle your dumb ass down. It's his JOB. The judge is paid to handle the details afterward. Those are the rules :)

[@dominickfrostthefrosty145]

These things are managed after the fact. If a bouncer has behaved irresponsibly his job is on the line, and remember he is sober while you probably aren’t. I was at a nightclub as a younger man and while I showed up as a fairly responsible man, my friends messed that up by buying me drinks. An ex boyfriend of my brothers showed up and wanted to show us his new car. He put me in the driver’s seat so I could check out his new stereo. It was loud and powerful and I got caught up in that moment and failed to remember my impairment. After demonstrating the stereo, and with it still booming, he talked me into taking his new car for a trip around the parking lot. It was a pretty big parking lot with few cars parked there, so I said okay. I shouldn’t have and when we first came outside I wasn’t willing Smit so any driving, but in my state and with his encouragement I lost my resistance. With the music pounding I was encouraged to take a drive just around this large parking lot, and I did. I slowly backed out of the spot and aimed the car down the length of the parking lot and then took off. What I didn’t know was that my friend Emily had jumped onto the back of the car and held on, so when I reached the bottom of the parking lot and pulled a slide manoeuvre to turn it around, she flew off the car at 70 kph. She had scrapes over her whole body after flying off the car. Her knees, her elbows, her shoulders, and even her boobs had bad abrasions. It was a disaster. She forgave me immediately, which I never understood. But I never drove drunk again. Her forgiveness remains a blessing and lesson

[@dominickfrostthefrosty145]

Oh I forgot to say, which is why my reply fits here. After that whole ordeal it was the bouncer who came up and he pulled me right out through the drivers door window. He was not wrong to do so. It was pretty scary

[@dorianf1456]

@@dominickfrostthefrosty145 holy that's a crazy night. I agree with you, he was right to do so. Glad your friend was ok.

[@dominickfrostthefrosty145]

@@dorianf1456yeah me too. Had that night ended differently my life would be forfeit. It a a weird lesson that applies to a ton of circumstances. “Hey just a trip around the lot?!” Could have basically ended my life, just like a single punch can do for anyone. Imagine feeling mad while out and drinking one night and punching someone who then falls and hits their head. There goes your whole life. Let’s all try to be at least a bit nicer, even if just for our own sake

[@Don.Challenger]

What about if there are drinking/toking games at the party though only legal drugs/intoxicants (and some munchies with such) available or brought and only adults present who all arrived to the party in sober condition? But later at times departed in various conditional states?

[@sircorn4248]

Canadian Gov treat people as irresponsible imbeciles and take every effort to keep them as such

[@nowaynohow1275]

Make sure, as the host, you video everything if the guest is refusing the attempts to stop them from driving

[@randytaylor1814]

Never little Johnny's fault

[@feelinold]

If your going out to have a few then have a plan to get home thats the bottom line.

[@JackP-y8x]

Those my neighbor

[@harveybirdmannequin]

I would argue no even for civil liability. So now the host of a party is responsible for the well being of all of their guests? Someone burned their hand on the barbecue or stove now the host gets sued. One guest shows up with alcohol for all the other guests now the host is responsible for alcohol consumption. One guest gets into a fight with another guest so now the host has to provide security guards. The question is what is the threshold or limit of the host's liability. Is it before, during, and/or after the guest leaves the host's property?

[@OldWolf1933]

You may argue no, but the courts set precedence. So, like this lawyer says, it all depends on the circumstances surrounding the incident, whatever that incident may be. Every situation is scaled in various shades from white to black. It isn't either black or white. So, if you were prompting one person to beat up another, you may be considered as aiding the assault -the courts may find you guility. It you tried, to prevent two fools from fighting, than the courts would not likely find you guilty.

[@harveybirdmannequin]

@@OldWolf1933 The terms "reasonable", "common sense", or "use your head" is overused in legalese too much and should be banned. You say it's not clear cut or "black and white" what the host's liability is but you do still say that the host has some liability and that the host has to use their "common sense". Well what's common sense? How does a host know when someone has consumed too much alcohol? Will the government force anyone holding private parties that consume alcohol to get licensed? (Probably). What's common sense? What's reasonable action or precaution that the host has to undertake? That's what the lawyers will have to argue to the judge. If it's not specified in the law, how is the average person expected to know? If you accuse the host of not using "common sense", well "common sense" doesn't hold up in court. What's "common sense"? If I see someone having a heart attack. Common sense says take out your cellphone and call 911. How is someone newly arrived from a poor country going to respond? What's a cellphone? What's 911?

[@OldWolf1933]

@@harveybirdmannequin You're right, the court will decide, and they have. There are people that have been convicted of exactly what he's talking about. So it still is a common sense issue, unfortunately most people don't understand common sense. Or, good sense might be a better term. Like I said, if you're encouraging the person to drink and drive, or to fight, or to do anything dangerous, the court may find you guilty. No matter what your lawyer argues. If you didn't encourage it, or you even tried to prevent it, you won't likely be charged; nor convicted if you do happen to be charged. Calling 911, for an immigrant, is a different issue, but using good sense, it's entirely possible the person may not know to use 911. I don't know what sort of 'educating' new immigrants receive, but if 911 is taught to them, and they don't use it maybe there are consequences to that decision. Apparently 112 is used in most countries, not 911. 112 is used in 81 countries spread around the world. So, most likely an immigrant would be informed that here we use 911, not 112, or whatever their home country uses. 999 is used in the UK, 000 in in Australia and New Zealand. So the concept isn't likely new to anyone, living most anywhere.

[@OldWolf1933]

@@harveybirdmannequin Also, I didn't say 'the host has to use their common sense' in my first message.

[@lornegilbert9734]

Why should I watch this video when you don't answer questions posed in the comments of previous videos?

[@patrickmckay619]

common sence aint so common no more lmao

[@renatosureal]

This kind of law is SHAMEFUL. Under NO CIRSCUNSTANCES a person ABOVE the age of full legal responsibility should be babysit by others.

[@bmoshareholderappleshareho855]

Maybe it’s better not to do any entertaining at all.

[@Sarando1]

Short of forcibly pouring alcohol down someone’s throat. You should not be held accountable for other people’s actions. Even if they are drunk and gave them another drink. They are responsible for their actions.

[@devilsoffspring5519]

Basically yes, but serving people booze gets them drunk when they otherwise would have had to go and find booze themselves instead of you serving it to them.