Mammoth Liabilities: When Hosting a Barbecue in Alberta

Suppose you host a Barbecue at your place. One of the visitors drinks too much alcohol and leaves for their home. On the way home, they drive recklessly and damage property. Will you be liable for the damage? Apparently, no. Because you do not have anything to do with the incident, however, in the eyes of the law, the court may rule that it was your responsibility not only to prevent his excessive drinking but also to ensure that he reached home safely.

From the above example, it becomes clear that the occupier’s liability lies within and outside of the premises.

There have been examples of people hosting parties, and when someone gets hurt at the event, this implies that the person who caused the injury is responsible. This is not the case. And because of negligence, hosts have to pay heavy compensation.

The following writing will help you unfold what you need to know about liability as a host.

Applicable Law

Who is an Occupier?

An occupier, as the Canadian Laws define it, is any person who:

Further Discussion on Host Liability

Some key considerations to note in this regard are the following:

Do I Have a Liability After Leasing Property for Event?

Yes, you may have.

The person you lease the property to may be responsible for holding the event. He will be accountable for what happens during the event.

However, if you, who are responsible for maintaining the overall condition of the premises, show negligence and someone is hurt due to it, for example, slipping on a slippery floor, you will be responsible.

Therefore, as many occupiers have a responsibility, they will be liable.

Will I Still Be Responsible If I warn the Visitor Beforehand

According to Section 9 of the Occupiers’ Liability Act, you may not be liable if you warn the visitor of any potential danger, and the warning is sufficient to keep them out of it.

However, giving a warning does not exonerate you from your duties as a caretaker of all the visitors.

If, along with a warning, you take steps to mitigate the danger, there is a chance that you will not be liable.

Nuisance and Noise

You may have criminal liability if the noise levels exceed a certain limit. It becomes more of a problem if the party goes on late into the night.

Note that anyone disturbed by noise and nuisance can complain to the law enforcement authorities and can take legal action against you.

Willing acceptance of risk

According to Section 7 of the Occupiers’ Liability Act, you will not be liable for his loss if a visitor willingly accepts responsibility for his affairs and safety.

Liability to Visitors and Guests

The Occupiers’ Liability Act requires the host to take care of every visitor and guest that enters their premises.

It means that you will have to take reasonable safety measures. Notably, if you invite your guests to consume alcohol or cannabis, then there is an enhanced risk of them hurting themselves. There, the risk increases for you.

If the guest is under the influence, then he is vulnerable to hurting himself either during or after the Barbecue or even when they leaves your place. This increases your responsibility and liabilities because you can be liable for their injuries.

What are the Areas to Watch, and How to Minimize Risks?

Inspecting the Place

Before hosting a BBQ, it’s essential to inspect your property thoroughly to identify potential hazards. These hazards often include uneven surfaces, loose railings, slippery pool decks, and poorly maintained pathways.

By tackling these issues, you can mitigate the possibility of any untoward incident and hence, legal problems.

Food

Importance:

You have to make sure to present only healthful food to your guests to avoid risks and any legal issues.

Steps:

To ensure food safety:

Frequent hand washing.
Cut raw meat and vegetables on separate boards.
Cook meat at the correct internal temperature.
Keep perishable foods chilled in coolers with ice packs and leave them out briefly.
Discard food that has yet to be left out too long.

Grilling

Importance

The grill is the centrepiece of any BBQ, but also comes with safety risks like burns, fires, and property damage.

Steps to Take

To reduce these risks:

Place the grill in an open area away from flammable objects.

Keep children and pets away from the grill.

Follow proper grilling procedures and use long-handled tools to prevent burns.

Keep a fire extinguisher nearby and know how to use it.

Swimming Pool

Risks:

If your BBQ includes pool use, be aware of drowning and slip-and-fall risks.

Steps:

To reduce these liabilities:

Install a fence with a self-latching gate around the pool to prevent unsupervised access.

Keep life-saving equipment, like lifebuoys and a first aid kit, nearby.

Assign responsible adults to supervise the pool, especially when children are present.

Bottomline

A pleasant event should not leave acrid memories. Taking pertinent measures to prevent any untoward incidents and being aware of one’s responsibilities is expedient for having an enjoyable time without later repercussions.

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* A registered trade name of Warren T. Smith Professional Corporation

Mammoth Liabilities to Consider When Hosting a Barbecue in Alberta