★ Liability Act, Duty of care and Obligations

which is a duty that a licensee and its management and staff owe to both patrons and innocent third parties?


BC Occupier's Liability Act
the duty of care was not met with the patron and those she may have injured

Occupier's Liability
  • Law that deals with injury caused by a condition of the premises or activities that have taken place on the premises
  • OLA licencee has a legal duty to ensure a safe area for guest especially when intoxicated
  • The licensee is responsible for the actions of his employees

Occupiers Liability is Responsible for/ 3 issues that results in civil liability?
  • Condition of premises
  • Conduct of staff/guest on premises
  • Activity carried out on premises

Civil Liability for Negligence
  • Server or establishment is not careful in stopping harm or injury to a guest
  • Potential responsibility for payment of damage
  • Determined by our courts in the form of judgement, usually after a trial of the evidence and by applying common law

Three ways Civil Liability can arise?
1. Under the provision of the LLA
2. By the court finding of negligence or lack of duty of care
3. Under occupiers liability act

Criminal Liability
Criminal charges that are laid by the police

Duty of care

What is duty of care?
the responsibility and legal liability to get patrons get home or to another place where they are able to sober up.

Duty of Care
Owned by the server to ensure alcohol is not served to an intoxicated guest or that a guest is not served to the point of intoxication. If so it is the servers responsibility to ensure the customer is not in danger until the sober up

Negligence/Duty of Care
Found when there has been a failure to use the care that a reasonably cautions a careful person would use under simulator circumstances.

The duty to intervene
The duty to intervene applies to the potential for violence, as well as the potential for injury due to the dangerous or negligent conduct of a patron.

How long does the duty of care last?
until the patron arrives home or another safe place

The duty of care is imposed by what legal regulations?
Law of negligence and the BC Occupiers Liability Act

The following statement is correct about duty of care
there is an obligation to ensure the physical layout and condition of the premises don’t lead to injury to those who enter.

What can an injured patron or innocent third party do if an establishment does not meet its duty of care obligations?
take legal action against the licensee, manager, or server

The statement, Which is correct about the duty of care:
a licensee and its management and staff owe the "duty of care" to its patrons and the general public

Duty of care does not end only when patrons get home or to another place where they are able to sober up.
Even though a patron may have left the premises, the licensee’s responsibility may not end until that patron gets home or to another place and is able to sober up.

Duty of care requires that you take reasonable steps to prevent injury or damage from occurring to patrons or innocent third parties only during the hours that your establishment is open.

Who can the injured party take legal action against when the duty of care is NOT met?
the licensee, the manager, and the server

What is an important step to ensure that duty of care obligations in the context of alcohol sales and services are met?
take steps so that if patrons become intoxicated, they do not pose a threat to other patrons or the public

Which is most important to ensuring that duty of care obligations are met?
protect patrons and the public from harm associated with drinking

What is a restaurant's obligations related to alcohol sale?
Licensees and staff must meet all requirements of LCLAR, take care of patrons and thrid parties until patrons are home/able to sober up.


Your obligations under the law related to the sale and service of alcohol
  • Licensees and staff must meet all requirements of the Liquor Control and Licensing Act and Regulation.
  • Licensees and their staff owe a duty of care to patrons and innocent third parties. Duty of care lasts until the patron arrives home or somewhere he or she can sober up.
  • Licensees and their staff have a responsibility to patrons on the premises, patrons leaving the establishment, and the general public who may be affected by patrons' behaviour

The consequences of failure to meet those obligations
  • The LCLB may impose conditions, suspend or cancel a licence, and impose monetary penalties.
  • The courts have allocated up to 50% of the fault for damage done by intoxicated patrons to those serving the alcohol
  • Even if only a small percentage of the total blame is assigned to the licensee, the licensee may still have to pay for all of the damages of someone injured by an intoxicated person.

Servers and licensees have an obligation to make sure an intoxicated patron:
  • is not allowed to drink any more alcohol
  • does not cause harm to himself, herself or to third parties
  • has a safe ride home

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