Many parents are tempted to allow their children to have parties at home, assuming that since they are drinking at home, that they are safe. Before you agree to have minors over your home to drink alcohol, for a birthday party, graduation party, barbecue, holiday gathering, or other event, remember that you hold certain legal responsibilities as a host. If there are children in your home that are under the age of legal drinking, parents used to be held strictly liable for whatever occurred. However, in 2006, the Supreme Court of Canada made a formal decision in the case titled Childs v. Desormeaux.

In this landmark Supreme Court case, the ruling states hosts are not liable for the actions of their guests. This law extends to minors under the national drinking age. Hosts are required to respect the independent decision making of their guests, even if the guests are minors. Even though the supreme court ruling takes some of the heat off of parents, it’s important to realize that there are exceptions to this rule.

What Are The Exceptions To The Childs v. Desormeaux Ruling?

As with any law, there are exceptions. Some exceptions to the Childs v. Desormeaux Supreme Court ruling has to do with situations where the parents or hosts of the gathering are purposely serving or selling alcohol to minors for a charge. The court in Desormeaux also rules that each case of a minor drinking alcohol in someone’s home will be decided on its unique set of facts.

Since every criminal case occurs under different circumstances, it’s important to hire an attorney right away. If you were involved in a situation where premises liability such as this comes into play, you should turn to a personal injury lawyer who has years worth of experience dealing with cases like these. If your child is a minor who was caught consuming alcohol in someone else’s home, premises liability law may apply here.

Our lawyers are well-versed in premises liability law as it can relate to a situation like this, and will stop at nothing to help prove your case and hold the negligent party accountable.

How Do I Know If I’m Eligible To File A Premises Liability Claim?

Similar to other types of personal injury cases, premises liability cases are strictly based upon the negligence, recklessness, carelessness or depravity of the at-fault party. The injured party will hold the burden of proof, meaning it is up to them to prove the property owner or occupier of the premises was negligent and did not use the appropriate amount of care while maintaining the premises. If you can prove that the premises owner contributed to your accident in any way, for example, providing a minor with alcohol, you may have grounds for filing a personal injury claim.

How Much Compensation Can I Get from a Premises Liability Claim?

Personal injury recovery is the term that refers to the amount of money one can get from a premises liability lawsuit or insurance settlement. These settlements are meant to compensate an injured person for their physical and mental distress, including injury to body, injury to their wellbeing, their reputation, or a combination of all three. If you, your child, or another loved one has gotten hurt on someone else’s premises, you shouldn’t have to be burdened with paying your medical bills, especially if the accident is not your fault. If your child was injured while drinking underage in someone’s home, you have the right to call a lawyer and discuss your options.

McKiggan Hebert Lawyers Are Trusted Premises Liability Attorneys Who Stop At Nothing To Defend You And Your Family

All property owners have a legal responsibility to keep their guests safe. If a property owner fails to keep a guest safe, they could be held liable for their guest’s injuries under Halifax’s premises liability laws. If you or your child have been injured as a result of someone’s failure to maintain safe conditions on their property, you may be entitled to compensation. This might include if your child was injured or became ill while drinking alcohol on someone else’s property.

Don’t face the challenge of trying to get compensation for a premises liability claim all on your own. You or your loved one deserve to focus on making a full recovery from your injuries while our premises liability lawyers handle your claim. Schedule a free consultation with our team at McKiggan Hebert Lawyers to learn more about how we can help you reach the best possible outcome in your case.