What is a Bar’s Liability?
Without getting into the details of any one case, we wanted to share with you a bit of information on a Bar, Tavern or Drinking Establishment’s liability when it comes to accidents and compensation. Our lawyers help people who have been injured in accidents. Sometimes these accidents involve pedestrians who have been hit by someone who is impaired. What many don’t know is that in these cases, not only can the insurance company of the driver be tagged with responsibility, but the drinking establishment or bar can also be tagged with additional responsibility. This opens up the ability for more compensation. For example, if an injured party will require $2 000 000 in compensation for their injuries but the policy limits of the driver that caused the accident are only $1 000 000, then the injured party can go after the remaining compensation through the insurance policy of the drinking establishment. Oftentimes, these establishments have very high insurance policy limits and are able to cover the remaining balances, if they are deemed responsible. In some cases, the drinking establishment can be found fully or partially responsible, depending on the nature of the circumstances.
Over Serving Alcohol. A Bar’s Liability.
All Bars, Taverns and licensed drinking establishments serving alcohol in Ontario must comply with the Liquor Licence Act. All staff employed at a Bar, Tavern or drinking establishment must also be certified by Smart Serve. When these laws aren’t maintained, oftentimes liability is determined against Bars, Taverns and drinking establishments when an accident occurs that results in injuries. In Ontario, the law clearly states that if a Bar or Tavern is found responsible for serving alcohol to someone who is already visibly intoxicated and an intoxicated person causes severe injury to another person or themselves, the Bar/Tavern can be held liable for personal injuries and compensation. This law not only applies to motor vehicle accidents but also fights and accidents on the premises.
What to do if you have been injured.
If you have been injured as a result of being over-served or someone else being over-served, it’s important you learn your rights. Our lawyers are experienced in obtaining video surveillance, gathering witness statements, expert opinions and accident reconstructions. You have rights. Our lawyers understand that the accident has happened and we can’t change that. We can however change what happens moving forward. Right now, you may need information or you may need us to step in and take over for you. We can protect and represent you and your rights. You do not pay us until you have received your compensation. Let us help. Call us for a free consultation.
