Are employers responsible for employees who cause car accidents after drinking too much at office parties?
In the decision of Hunt v. Sutton Group Realty Inc., the trial judge found an employer liable for 25% of the damages suffered by an intoxicated employee who was seriously injured in a car accident following the office’s holiday party. While the decision was subsequently overturned on procedural errors, the finding with respect to an employer’s liability remains intact. However, the Supreme Court of Canada, in Childs v. Desormeaux, held that, as a general rule, private hosts don’t have a duty of care to a person injured by a guest who consumed alcohol at their party or public users of highways. The Court did, however, leave open the possibility that there could be a finding of liability if the host’s conduct implicates him or her in the creation or exacerbation of the risk. In particular, the Court noted this could apply to a host who continues to serve alcohol to a visibly intoxicated person knowing he or she will be driving home.
