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Austoman t1_j500zhy wrote

Reply to comment by Raevix in Woman sues concert venue after getting so drunk she blew up a home, caused $15M in damages by EyeWantItThatWay

Yup. To expand on this.

Across Canada the law (roughly) is that any alcohol provider (personal or corporate) must ensure that anyone imbibing in alcohol that they have supplied either get home safely or the responsibility is passed onto a reliable/reasonable party. That is to say a provider must also supply a safe drive home, usually a taxi or other reasonable transportation. If a provider sends a supplied individual out of their location without a responsible means of getting them home or passing the responsibility to a sober individual then any harm to the intoxicated person or done by the intoxicated person in the responsibility of the provider.

So since the venue sent this obviously intoxicated person home without providing any reasonable transportation (thus resulting in her driving drunk) any damages caused by her after being placed into a state of intoxication by the venue is the responsibility of the venue.

Basically all the venue had to do was call her a cab and it would have been fine. Someone chose to kick her out and send her into the wild while she was obviously drunk, so yeah in Canada the damage was caused by the person (company) that gave her alcohol and then kicked her out without a reasonable way of getting home.

While some may not like it there is some logic to it. If youre going to get someone drunk then they are no longer able to make soind decisions. You placed them in that position and so it is on you to get them home (within reason).

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imregrettingthis t1_j5022z3 wrote

Couldn’t you argue a cellphone And access to Uber is more than reasonable as an avenue for getting home?

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Austoman t1_j503c0n wrote

You couldnt assume an intoxicated person would make the decision of using the phone or calling a taxi/uber. It is on the provider to do that, which is a 60 second process for a sober person to do.

Basically if they are intoxicated they are deemed to not be of sound mind and therefore you cannot assume that they would make a reasonable decision (such as calling a cab) to get home safely. Therefore the onus is on the provider to make that call.

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imregrettingthis t1_j503js3 wrote

This makes sense in the context of the law. Thanks for taking the time to answer my question

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Kelmon80 t1_j506w75 wrote

That's just insane to me. No-one "got her drunk". She ordered the drinks. Glad that this lawsuit would be loughed out of our courts.

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Austoman t1_j5097w3 wrote

Yes she made the choice to buy alcohol, but the provider supplied it to her at their location. If she got drunk at home, went to the venue, was kicked out and crashed then thatd all be on her. But the venue provider her alcohol, enough for her to become intoxicated thus changing her from a person capable of making her own decisions reasonably to a person unable to reasonably make her own decisions (with regards to her safety and the safety of those around her). The moment that switch occurs her safety and those around her are the responsibility of the provider and removing her from the venue/location requires a safe/reasonable means of transportation. Its the same reason you cant just drop a drunk person off on the highway. Its unsafe for them and those around them. Its also the same line of logic for why an intoxicated person cant consent. They are unable to make soind decisions regarding their own safety. So, you cant kick someone out of location after getting them drunk only to have them drive a vehicle.

Its one of the bigger reason why bars take peoples keys when they order a drink.

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TerribleIdea27 t1_j50aqn8 wrote

>Its one of the bigger reason why bars take peoples keys when they order a drink.

That's a thing in the US?!

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joleme t1_j50i071 wrote

I've never seen it before in my life. I have seen bartenders snatch keys from regulars they know after the person is drunk.

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TankSparkle t1_j518uag wrote

Don't think so. The poster you replied to said he was in Ontario.

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___zero__cool___ t1_j50s4vj wrote

Not at all. I think the person you relied to might just be an alcoholic who always just gets their keys taken away at a bar their a regular at lol.

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