Drinking and driving inevitably leads to car accidents that result in serious injuries and fatalities. Injured passengers and drivers in Ontario drunk driving accidents may file lawsuits or tort claims against the drunk drivers.
As part 1 of this article discussed, the Supreme Court of Canada in Stewart v. Pettie held that restaurants, bars or taverns that serve drunk drivers alcohol may also be accountable for the injuries sustained by other injured drivers/passengers on the road.
Though the facts in Stewart did not result in the dinner theater being found liable for the injured victim's injuries, there have been other cases that have held restaurants, taverns or bars responsible for injuries caused by their drunk patrons as a result of drunk driving accidents. Part 2 of the article will address some of these cases.
D'Entremont v. Smallwood (1999)
In D'Entremont, the defendant driver drank heavily at a bar on the night of the accident. He then left the bar while heavily intoxicated and got into his car. As a result, he drove into the path of another vehicle, causing a head-on collision that killed himself and the other driver.
The bar had a program that supposedly monitored patrons' alcohol consumption. However, the program was insufficient in terms of observing patrons' alcohol consumption, and as a result, inadequately prevented service to impaired or drunk patrons. Also, the bar's monitoring program failed to identify patrons who were drunk.
McIntyre v. Grigg et al (2006)
In a 2006 case, a pedestrian was walking home from a college campus bar when he was hit by a car driven by a drunk driver who was also at the bar.
The driver became intoxicated at the campus bar. According to a majority of the witnesses, with the exception of one, he did not show obvious signs of intoxication. The court held that just because the driver did not show visible signs of intoxication, the bar could not escape liability. The court went on to say that if the environment created by the bar prevented servers from knowing whether patrons were intoxicated, it could be held responsible.
Rights of Injured Victims After Drunk Driving Accidents
Victims of drunk driving accidents in Ottawa, Kingston and Whitby have legal rights. In addition to filing lawsuits against drunk drivers, bars or restaurants may also be liable if they contributed to the accident, i.e., continuing to serve intoxicated patrons or not having procedures in place to monitor patrons' alcohol consumption.
If you were injured in a drunk driving accident, please call the car accident lawyers at Bergeron Clifford. The lawyers at Bergeron Clifford will explore all of your legal options to help you obtain the full and fair compensation to which you are entitled. Call to schedule a FREE consultation. 1-866-384-5886