|
|
Licensed Premises - What liability from too much to drink? |
Recent licensing law changes that permit extended trading hours make timely a review of the principles governing the liability of hoteliers. |
Hoteliers owe a definite duty of care to patrons, and there are four main circumstances in which they might be held liable for injury. These are when the injury is sustained:
- after excessive consumption of alcohol;
- because of the condition of the premises;
- as a result of the conduct of staff; or
- due to the conduct of other patrons.
|
| Hoteliers should ensure they have policies and procedures in place to avoid such injuries to the best of their ability. |
In one recent case, a hotel had to defend a claim that it was responsible for a woman's injury sustained in a road accident after she had consumed an estimated 16 standard drinks. The hotel's solicitors successfully argued that the hotel's precautions and level of care were adequate, as it had ceased to provide the woman with alcohol after it became apparent that she was severely intoxicated, and offered her the use of a courtesy bus and a taxi to return home. |
Violent behaviour by intoxicated patrons is another risk area. Hoteliers are not always responsible for the criminal activity of patrons, particularly when there is no previous display of violence by a patron. However, hoteliers have the right to eject patrons for good cause, and have a duty to control unruly or disorderly patrons so that they are not a danger to others. Failure to turn out such patrons will leave a hotelier liable to compensate a person injured as a result. |
