Host's Responsibility at a Party


On a summer day the the hosts held a party for freinds and family at their principal residence. The property was owned by a third person. Guests were asked to bring their own drinks and food and were specifically requested not to bring bottles of beer. There was a large, supervised bonfire at the party. 

The Plaintiff had been drinking before arriving at the party late in the evening. He was observed as being drunk, slurring his words, and had been asked to leave the party by one of the hosts. He did not. The Plaintiff claimed he was distracted watching a fight, and that he slipped on a beer bottle. He then tripped falling into the fire suffering second and third degree burns on 14% of his body.  He was driven to hospital where he was determined to be intoxicated and to have taken illicit drugs. He spent one month in hospital.

He claimed long term damages, and loss of past and future income.  The judge determined that the owner of the property bore no liability but that the two defendants living at the residence each bore 25% of the liability under the Occupier’s Liability Act and the Negligence Act. The plaintiff bore 50% of the liability. You can read the whole case here.

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