Meet The Lawyers And Firm

Warren Berg 0:00

Good morning and welcome to the November 2025 edition of Ask the Lawyer, broadcasting across Alberta on Wind Speaker Radio, CFWE and CJWE. I'm your host, Warren Berg, and joining us once again this month, Cynthia Carels partner at Weir Bowen LLP in Edmonton. Cynthia, it's great to have you back.

Cynthia Carels 0:16

Yeah, thanks, Warren. It's always a pleasure to be on the show. And I'm excited with today's discussion particularly. We've got one of our partners, uh, Mr. Mike McVey, along with us too.

Warren Berg 0:26

And Mike, welcome to you as well.

Michael McVey 0:28

Uh, good morning, Warren. Thanks for having me. It's always a privilege to join the show and share a bit little bit of information about what we do with uh with your listeners.

Warren Berg 0:36

Wonderful to have you, Mike. And for those of you who might be tuning in for the first time or haven't caught one of your earlier appearances, uh, tell us a little bit about yourself and the work that you do at Weir Bowen.

Michael McVey 0:46

Uh absolutely. Uh well, I'm originally from Grande Prairie, Alberta.

Warren Berg 0:50

Represent the North.

Cynthia Carels 0:51

Yes, for sure.

Michael McVey 0:52

Absolutely. And uh I moved to Edmonton back in 2006. Uh after law school, I joined Weir Bowen in August of 2012 and now uh have the privileges of serving as a partner with Weir Bowen. Um my practice focuses primarily on medical malpractice and personal injury cases, and so I help clients navigate complex and often life-altering cases involving medical negligence or serious accidents. I'm also a member of both our uh medical malpractice and personal injury teams, and I'm also part of the Birth Injury Lawyers Alliance of Canada. So a large part of my work involves analyzing detailed medical evidence, coordinating with expert witnesses, uh, and ensuring that our clients' cases are presented with the strongest foundations that we can put together. And uh at Weir Bowen, I really like the team approach that we take to our cases. Uh, it allows every client to get the benefit of the combined experiences, perspectives, and insights of multiple lawyers, uh, which can be critical in complex litigation. So over the years, uh I've been fortunate enough, fortunate enough to represent clients not only in the Alberta Court of King's Bench, but also in the Alberta Court of Appeal. And and I'm happy to say that I was able to achieve positive results in some very uh challenging and precedent-setting cases.

Warren Berg 2:14

That's fantastic, Mike. And it's always inspiring to hear about lawyers who combine their deep expertise with well, a real dedication to their clients. And for those who are listening, once again, Weir Bowen is based in Edmonton, but your clients and and your your reach extends far beyond Alberta. Is that correct?

Michael McVey 2:30

That's absolutely right. Uh we are based in Edmonton, that's where our office is, but our lawyers represent clients across Alberta, uh, British Columbia, Saskatchewan, and and even in the Northwest Territories. And and over the years, uh, we've also

Holiday Risks And Why They Spike

Michael McVey 2:45

been involved in some precedent-setting cases, including matters that have gone all the way to the Supreme Court of Canada. And that kind of work can shape the law for years to come, which is incredibly rewarding.

Warren Berg 2:55

It's quite impressive. And Cynthia, you've been with a firm now for quite some time. What do you think really sets Weir Bowen apart?

Cynthia Carels 3:03

You know, there are a few things, Warren. First and foremost, obviously, we do have a really deeply talented and diverse team of lawyers. Uh, some of them are new to the profession and they're bringing the fresh perspectives and energy uh while we have others who've been practicing law since like the 1980s. That's clearly before any of us in the room are born, right?

unknown 3:22

Yeah.

Cynthia Carels 3:23

Uh so many of our senior lawyers are widely respected for their professionalism, their ethical standards, and obviously their skill. Um, and several are consistently recognized on the best lawyers in Canada list, which is a significant honor in and of itself. And more broadly, the firm as a whole has also been recognized uh nationally and locally as well. Uh recently, Weir Bowen was featured in the second edition of the best law firms in Canada, uh, acknowledged as a tier one firm nationally for personal injury litigation, and a tier one firm in the Edmonton region for uh things as diverse as insurance law, medical negligence, as well as personal injury litigation. And that's really a reflection not just of individual talent and skills, but like Mike said, that firm uh consistent um dedication to the teamwork as well as excellence over the decades, because you know, unlike a lot of those advertising platforms that you'll see, these Best Lawyers and Best Law Firms lists in Canada are those are recognitions that actually can't be bought and paid for. They're actually voted on by other lawyers in the industry who know us and respect the quality of work that Weir Bowen does.

Warren Berg 4:29

And congratulations because that is certainly a noteworthy achievement.

Cynthia Carels 4:32

Yeah, and while our reputation is often strongest in the world of medical malpractice and personal injury law, we also do have lawyers who handle a wide array of civil litigation members. So we have actually a pretty versatile team as well, and we're able to take on a broad spectrum of pretty challenging legal issues.

Michael McVey 4:49

And one thing that I'd like to add is that um something that differentiates Weir Bowen from other firms is that many uh firms who practice in civil litigation rarely go to trial because many of these cases are are settled before reaching that stage. And at Weir Bowen, we have several lawyers with extensive trial experience. That means we're comfortable advocating in the courtroom if necessary, and it also sends a strong message to the opposing parties that we're prepared to fight for our clients' rights if it comes to that.

Warren Berg 5:20

And that's a very important point because I would imagine that sometimes just knowing that a firm has the experience and willingness to take a court or a case to trial, that that can change the dynamics of a negotiation entirely.

Cynthia Carels 5:32

Oh, exactly. So our goal always is to achieve the best outcomes for our clients, whether that means negotiating a fair settlement or litigating a case all the way through to a successful judgment. Uh, but either way, our clients are going to know that they do have a team that is committed, uh, that is experienced and obviously highly capable to go the distance if necessary.

Warren Berg 5:52

I appreciate you both sharing your background. Uh, for

Impaired Driving: Liability And Damages

Warren Berg 5:55

anybody that's listening, it's it's clear that Weir Bowen isn't just a firm with a long history. They're a team that's really deeply invested in each client's case and advance in advancing the law in Alberta and beyond. So, with that said, uh, what are we diving into today?

Cynthia Carels 6:09

Well, Warren, with the holiday season right around the corner, we thought it would be a good opportunity to talk about some of the legal issues that tend to come up during this time of year, particularly around holiday gatherings. Uh so these issues can often involve, unfortunately, um, impaired driving and motor vehicle accidents, but they also include the responsibility of party hosts, whether they're a commercial host or a social host. And this is a time of year when people are obviously celebrating the end of the year, you know, the sparkly lights and all of the holiday season, having fun and and sometimes consuming alcohol, um, which, you know, is fine, but that also can unfortunately lead to accidents, especially if precautions aren't taken. And the law that we're going to review today looks not only at the actions of guests who might cause harm to other people, but also at the obligation of hosts to keep their property safe for everyone who's attending a party or a gathering.

Warren Berg 7:07

Very timely and definitely important, and I'm looking forward to digging into that. But uh, before we get started, let's just take a moment to explain how our listeners can reach out to you if somebody needs legal advice about personal injury claims, motor vehicle accidents, medical malpractice, or other types of injury. What is the best way to connect with your team?

Michael McVey 7:26

There are a couple ways that people can do that. Uh the simplest and probably the quickest way is through our website, uh, which is www.weirbowen.com. That's spelled w- e-i-r b-o-w-en- dot com. There's a contact us section on the website, and listeners can fill out uh a short online form that gets sent to our intake team. Um and then the intake team will follow up with a lawyer to uh uh assist with the matter. Uh the other option is to call our main line and speak directly with our receptionist. They can take your information and answer some very basic questions and and then connect you with the right member of our team as well. And so the phone number for our office is 780-424-2030.

Cynthia Carels 8:15

Yeah, and you know, even if you don't feel ready to speak with a lawyer right away, we do strongly encourage listeners to check out our website. There is a wealth of information there about legal processes. Uh, there's profiles of our lawyers and a regularly updated blog that can uh cover a variety of legal issues. Now, though that's not intended to be specific legal advice, but it does give you some general information. Um, and you can also access previous episodes of Ask the Lawyer on uh our podcast section. So it's a really great resource for learning and staying informed and just getting that general information.

Warren Berg 8:49

Okay, so to review that's weir bowen.com W-E-I-R-B-O-W-EN.com or by phone at 780-424-2030. That's 780-424-2030. And uh, Cynthia, you mentioned uh that this month's topic really ties into impaired driving and motor vehicle collisions. Why is this issue particularly relevant in November and December?

Cynthia Carels 9:13

Well, you know, there are several reasons why we see an increase in these kinds of cases during the holiday season. Uh first of all, the colder and darker weather often discourages people from alternative modes of transportation like walking, cycling, taking public transit. So just face it, there's more people who are driving. Uh, combine that with icy roads, snow, you know, general poor visibility, and that just in and of itself is a recipe for accidents. Then you add in the increase

What To Do After A Collision

Cynthia Carels 9:40

in social gatherings, office parties, holiday celebrations, um, and of course, with alcohol being consumed during this season, unfortunately, there are more impaired drivers who end up on the road. So when you compile combine impaired drivers with challenging weather and road conditions, the risk of serious collisions does rise significantly.

Warren Berg 9:58

Aaron Powell So how does the law treat collisions involving impaired drivers different uh differ from those that don't involve that type of impairment?

Michael McVey 10:06

Well, in any civil case, we look at two main things that's liability and damages. Uh, damages are the actual consequence of the collision, the things like physical injuries impact on your ability to work, uh, or your ability to perform daily activities, or uh, you know, your general financial losses. That assessment is generally the same whether or not the driver was impaired. Uh where impairment makes a difference is with liability. Impaired drivers are far more likely to be found at fault because their actions are considered careless or reckless. Uh often from a police investigation, uh, there will be criminal or administrative charges, and and findings from those proceedings, like a guilty plea or a conviction, can strongly support uh civil liability.

Warren Berg 10:57

So a traffic court conviction makes a difference in a civil lawsuit.

Michael McVey 11:02

Right. So the standard we use in a civil lawsuit is the balance of probabilities, which is lower than the standard they use in criminal cases, which is beyond a reasonable doubt. So uh where someone admits guilt or there's a finding beyond a reasonable doubt, that carries a lot of weight in a civil claim.

Cynthia Carels 11:20

Yeah, that's for sure on the liability side. But when it comes to the damages side of the equation, uh that impairment question doesn't usually affect the calculation. The goal in Canadian injury law is to compensate the injured person. Um, it's not typically to punish a driver, and in most cases, it's actually an auto an automobile insurance company that's paying those damages, not the driver themselves. Um, and standard auto insurance policies will cover damages even if the insured driver was impaired. However, uh, in rare cases, courts might award something called punitive damages if the driver's behavior was particularly egregious. Um basically it's t trying to send out a deterrent signal against uh similar conduct in the future.

Warren Berg 12:05

You also mentioned earlier that party hosts can sometimes be responsible if a guest drives away impaired and causes a collision. How does that all work?

Michael McVey 12:14

When it comes to holiday parties, hosts do have some responsibility towards their guests. In certain situations, a host can be held partially liable for ha harm caused by a guest who was driving impaired even though the host wasn't behind the wheel. The specific liability depends on the circumstance and the type of host, uh, which we'll get into uh a little bit later in in more detail.

Warren Berg 12:37

Okay, so what should drivers do if they find themselves maybe in a in a collision with an impaired driver this season?

Cynthia Carels 12:43

Well, truly, safety is always the first priority. You want to make sure everyone is out of that immediate danger that you've called 911 for medical assistance and police and report any suspected impairment right away. Um unfortunately, impaired drivers can make unpredictable decisions right after a collision, including, unfortunately, trying to leave the scene. So getting emergency services involved is a really good idea.

Michael McVey 13:09

And once it's safe, uh once it's safe to do so, uh, then we can think about gathering some evidence. So uh take photos of the vehicles, uh, take a photo of the license plate, uh, take some photos of the accident scene generally. Uh that might include things like skid marks or or any debris from the vehicles that's left on the roadway.

Cynthia Carels 13:29

Yeah, and also don't forget to gather information from any witnesses as well. Those names, phone numbers, and statements can be incredibly important. I I can't tell you how often I have clients who remember, you know, a really helpful person who stopped and helped them out after the fact, but didn't get their contact details. And so, you know, we're not able to reach out to them to get statements regarding what they saw. Um, and more and more these days, those independent witnesses might even have things like dash cam footage, and that can be incredibly helpful.

Michael McVey 13:59

After that, really the next step is uh getting assessed for your injuries. So uh, you know, go to the doctor, go to the hospital depending on the circumstances. Uh so you don't need to contact a lawyer just yet.

Cynthia Carels 14:11

I have had people call from the scene of an accident. That's, you know, that it's not necessary. We still want to make sure everybody's safe. Um and of course, you know, adrenaline

When To Call A Lawyer And Deadlines

Cynthia Carels 14:20

can also mask injuries. Um, things like head injuries or internal injuries can worsen if they're untreated or if they're undiagnosed. So it really is important to get checked out as soon as it's practical. And also, uh, the good thing about getting medical attention is that it's going to ensure there's uh a good documentation stream uh regarding those injuries, which really is essential for any sort of future litigation. And of course, getting that timely medical advice can also help with your recovery, which is a win-win.

Warren Berg 14:48

So when should somebody contact a lawyer?

Michael McVey 14:51

There's not really one answer uh for that question, Warren. Um as we said, health and safety comes first, of course. Uh but once that's completed, it's wise to reach out to a lawyer as soon as possible after that. Uh sometimes that's a day or two days, uh, other times it might be after a period of hospitalization.

Cynthia Carels 15:10

And you know, there are cases where we have even met families in the hospitals to help with things like um accessing benefits programs or assisting with coordinating care planning, other logistics, particularly in those really serious injuries like a brain injury or spinal cord trauma.

Michael McVey 15:27

And while it's rare to call a lawyer too early, uh waiting too long can be risky. Uh limitation periods are critical, with they're usually two years from the date of the injury. Missing that window can make uh a claim impossible after that period of time, especially around year-end holidays when courthouses are closed and uh waiting uh when hor courthouses are closed, waiting to the last minute can be disastrous.

Cynthia Carels 15:50

Yeah. So every potential claim should be reviewed by a lawyer as promptly as practical. Um and those limitation periods, they they can have some exceptions and nuances, but honestly, it's really never a good idea. It's never safe to assume that you are going to have extra time.

Michael McVey 16:06

And early contact uh also can help with preserving evidence. Uh so the lawyers can help with capturing uh accurate recollections from witnesses, uh, they can clarify questions about insurance, they might be able to have some recommendations regarding uh treatment coverage and and uh you know they can start the legal process as well.

Warren Berg 16:24

Which is great advice. And uh speaking of contacting a lawyer, this might be a good time once again to let people know how they can reach out to you.

Cynthia Carels 16:32

So um, as we've said, our website is weir bowen.com. That's W-E-I-R-B-O-W-E-N.com, uh, and that has a contact us form uh that will connect you with one of our lawyers.

Michael McVey 16:43

Or just call our receptionist at 780-424-2030. That's 780-424-2030. We're open uh Monday through Friday, and our intake team is ready to gather the information and uh connect you with the right lawyer.

Warren Berg 17:01

This is Ask the Lawyer on Windspeaker Radio across Alberta on C F W E and CJWE, and joining us today are Mike McVey and Cynthia Carels of Weir Bowen L L P in Edmonton. Once again, that's Weirbowen, W-E-I-R, B-O-W

Free Consults And Intake Process

Warren Berg 17:15

E N, 780-424-2030, or online at Weirbowen.com. So uh Mike, what does a consultation with Weir Bowen look like?

Michael McVey 17:25

Well, first and foremost, anybody can reach out at any time. Uh no referral is required. So our comp our consultations are uh free, uh they're confidential, and we're flexible. They can be by phone, email, or even in person. Our intake team uh will reach out initially usually and gather the basic information and and pass it along uh to the appropriate lawyer for a direct conversation after that. Uh during the conversation with the lawyer, you'll be asked questions about how the accident happened, uh about the the different parties that were involved, including any passengers, uh, and and we'll talk about the extent of your injuries you sus you sustained. We're also going to want to get a sense as to how the injured injuries are impacting your day-to-day life. Uh, we'll be interested in knowing whether or not you've been uh disabled from work in any way, as well as your whether you're noticing any problems with your household duties or your recreational activities.

Cynthia Carels 18:23

Yeah, and in many cases the injuries are pretty obvious. For, you know, example, if someone's broken a bone or injured a nerve or torn a ligament, there's likely a pretty good reason to get a lawyer involved. Uh, but sometimes we might just suggest a bit of a wait and see approach after an accident to see if those less serious injuries are ultimately going to warrant our involvement. Uh, for example, with a lot of the new safety equipment in vehicles keeping us protected, accidents that can look pretty bad from the street might actually not end up being a huge problem for the bodies that were actually in the vehicle. And it's entirely possible the people inside might experience very little, if any, injuries at all. So if the injuries do end up being really minor, it might not warrant our involvement. But on the other side, uh, sometimes those injuries that you might initially think are kind of minor don't end up going away. Uh, and they can become chronic problems. So when I'm telling someone to wait and see, I'm usually recommending, you know, giving it six months to even possibly a year just to see how things go before making a final determination as to whether or not that seemingly minor injury actually does turn out to be that way. Uh, but like Mike said earlier, you don't want to leave it too long because a lawsuit, a lawsuit still does have to be filed within those specific deadlines. And that's why we always say it's wise to call early, so you can understand those timelines, um the evidence needs and thresholds, as well as the next steps.

Warren Berg 19:47

And now for the legal weeds of it all, you mentioned that we would be talking about the potential liability of people who are hosting parties when a guest drives impaired.

Cynthia Carels 19:56

Yeah. Uh so these cases are rare, but they do happen, and they are more common at this time of year than just about any other time of year.

Hosts: Social Versus Commercial Duties

Cynthia Carels 20:05

So some examples we might see would involve like an intoxicated employee leaving a company holiday party, uh, then going on to cause a car crash. Uh, we can also see this with groups of friends who are getting together to celebrate the season at home or at a restaurant or at a bar, and then all climbing back into a vehicle being driven by someone who's had too much to drink, uh, and then the car crashes. Uh so depending on the type of host uh as well as the specific facts of a case, uh, there could be situations where a host could be partially liable, in addition, obviously, to the intoxicated driver of the vehicle.

Michael McVey 20:41

And so it's important to distinguish between the social host and the commercial host because the level of responsibility is very different. Commercial hosts like bars or restaurants have a higher duty of care than social hosts who are just hosting friends or family in a private setting.

Warren Berg 20:58

Okay, let's touch on that. What what is exactly a social host?

Michael McVey 21:01

So a social host is someone who on an informal basis organizes or hosts a gathering that's primarily for social or personal reasons, not as part of their business. So think about it as having friends over for dinner or hosting a backyard barbecue or throwing a small get together to celebrate someone's birthday. It's all about connecting with your people in your personal circle, not running a commercial operation. Now, in contrast, a commercial host is usually someone, or more often, a business whose primary purpose is to make money from those gatherings. For instance, a bar or a restaurant or an event venue, uh, those types of businesses would fall under that category. The people working there, like servers and bartenders, are employees acting on behalf of their employer or business. That means if something goes wrong, uh say a customer is overserved, the company or corporation that owns the establishment can be held legally responsible for the actions of those employees.

Warren Berg 22:04

So let's say, what if I invite a few friends over to my place to watch the orders play on a Saturday night? What would I be?

Michael McVey 22:11

In that situation, you'd be what we call a social host. You're inviting friends to your private home, you're doing it for fun, and you're not charging anyone for uh food or drinks. Uh you don't have to have a liquor license and and you're not operating not operating a business. The whole purpose is just to watch and enjoy the game.

Cynthia Carels 22:30

Hopefully, enjoy the game.

Michael McVey 22:32

Uh so it's it's a casual and uh it's friendly and it's it's just personal. Now compare that to going out to a sports bar to watch the same game. In that case, the bar owner or the company that owns the bar is a commercial host. The bar is operating under a liquor license and it's serving alcohol for profit. And because of that, they have a duty to follow specific laws and regulations. The standard of care or what's expected of them in terms of responsibility is higher for a commercial host than it is for a social host.

Warren Berg 23:06

Now I've heard the phrase standard of care come up a few times in our previous episodes. Maybe explain again what that means for our listeners.

Cynthia Carels 23:13

Sure. Uh the term standard of care refers to a reasonable level of caution, attention, or prudence that a person is expected to exercise in a particular situation. And the key word here is reasonable. So this doesn't extend to a standard of perfection. People are going to make mistakes all the time, uh, but it does expect that somebody is going to act with the same level of care that an ordinary, sensible person would use under similar circumstances. So, for example, a commercial host is expected to monitor how much alcohol they're serving, uh, to make sure that guests aren't overserved, and also to take those reasonable steps to prevent foreseeable harm. Now, for a social host, the expectations are going to be a lot lower because, you know, that's not their business. They're not in the business of serving alcohol or managing a licensed premises.

Michael McVey 24:06

Aaron Ross Powell And it's worth noting that adding the word reasonable can be surprisingly slippery. Uh one of the sayings I've heard from time to time, and I think it's a good one, is that reasonable people can disagree about what's reasonable. And that really captures uh the essence of what we deal with in civil law. Much of our work as lawyers involves arguing very persuasively about whether a person's actions did or did not meet that reasonable standard in the circumstances. It's often not black and white, it's about convincing a court uh that which version of reasonable makes the most sense.

Warren Berg 24:42

So what would be a reasonable standard of care for a commercial host?

Michael McVey 24:46

For commercial hosts, meaning bars, restaurants, nightclubs, and other businesses that are serving alcohol, the standard of care is more strict. These establishments have a clear legal responsibility to make sure they aren't serving alcohol uh to someone who's already intoxicated and they can't continue serving someone to the point of intoxication

Commercial Host Liability In Depth

Michael McVey 25:05

either. Essentially, they're expected to monitor their patrons' behavior and make sound judgment about when enough is enough. To help establish that, there are several measures in place or that are supposed to be in place. For example, commercial established establishments have to obtain a municipal or provincial liquor license to operate legally. That license comes with rules and lots of them about responsible service, uh, safety, and supervision. And on top of that, uh servers and bartenders are usually required to complete a program such as uh ProServe, which is the program we have in Alberta. Uh this is a training course that teaches staff about the effects of alcohol and how to recognize signs of impairment and how to handle the situation when a patron should no longer be served. So in practice, a reasonable standard of care means keeping an eye on how much someone's had to drink, checking in with them if they seem impaired, uh, offering food or water, and uh importantly not continuing to serve them just because they ask. If a bar or restaurant fails to do this, uh say they keep pouring drinks for someone who's visibly drunk, and that person later gets hurt, the establishment could be legally responsible for contributing to those injuries.

Cynthia Carels 26:22

Yeah, and it's not just about the patron themselves getting injured. There have actually been several cases where an overserved customer leaves the bar, gets behind the wheel, and ends up causing a collision that injures someone else entirely, a third party, perhaps, who had nothing to do with the original drinking. And in those situations, courts have sometimes found that the bar itself shares part of the blame for an accident that happened completely off scene. A well-known example of that is a case uh called McIntyre and Drake, which came out of Hamilton, uh, Ontario about 20 years ago. And in that case, a football player who had been drinking at a campus bar at McMaster University obviously had had too much to drink, but the bartenders kept serving him. And later that night he decided to drive home, and unfortunately, on his way, he struck a pedestrian. And that pedestrian sued both the driver as well as the bar for uh their damages. And the court looked closely at the bar's conduct and concluded that the employees did have a duty to take reasonable steps to prevent the man from becoming over intoxicated, and once they realized he was impaired, uh, they had a duty to make sure he didn't drive away in that condition, because it was foreseeable that an intoxicated driver might get behind the wheel. The court found that bar partly responsible for the accident and the resulting injuries.

Michael McVey 27:45

And that's right, but I I want to be clear too, the court didn't let the driver off the hook. Uh he was still the primary wrongdoer in those circumstances. Um but the blame was divided. In that case, liability was split 70% to the driver and 30% to the bar. Uh that means that both of them had to share in paying the damages awarded to that pedestrian based on their relative responsibility for what happened.

Warren Berg 28:10

Yeah, and I didn't realize that courts could split the liability like that. So how does that work in practice?

Cynthia Carels 28:16

You know, it's actually fairly common, especially in civil cases involving

Splitting Fault And Seatbelt Lessons

Cynthia Carels 28:20

accidents with multiple parties. Uh so the legal term for this is apportionment of liability. And what it means is that when more than one person or entity contributes to a harm, the courts can divide that responsibility among them in percentages. Uh sometimes that happens at trial, but you know, it can also be sorted out earlier through negotiations or settlement discussions between the parties and the insurance companies.

Michael McVey 28:45

And it's not just for cases involving multiple defendants. Sometimes the injured person themselves or the plaintiff uh can be found partially responsible for their own injuries. That's called contributory negligence. And it means that even though someone else's behavior uh caused the accident, the injured person's own behavior contributed to their damages too. A classic example of this uh is with a passenger who wasn't wearing a seatbelt in a car accident uh that led to more severe injuries than what otherwise would have happened had the seatbelt been worn. In a case like that, a court might reduce the compensation they receive by a certain percentage, often somewhere in the range of twenty to twenty five percent, because of the lack of seatbelt use and how that contributed to the outcome.

Cynthia Carels 29:30

Yeah, and for listeners today, this is a really important takeaway because if you are ever involved in an accident or an incident and you think, ah, maybe part of this was my own fault, we don't want you to automatically assume that you have no claim whatsoever. The law recognizes that life is messy and that fault isn't always an all or nothing proposition. So even if you were partly negligent, you might still be entitled to compensation. Now, the amount you receive could be reduced, but uh it's far from hope. In many successful cases, involve exactly that kind of shared responsibility.

Warren Berg 30:04

Okay, let's go back to host uh social host liability. How does the law treat that?

Michael McVey 30:09

So with social hosts, uh meaning the people who invite friends, family, or neighbors into their homes for a get-together, they still do have some legal duties. Uh, even though it's a casual setting, the law still expects social hosts to take reasonable care to keep their guests safe from foreseeable harm. So if you're hosting, you can't just turn a blind eye to potential dangers around your property or to situations where someone could get hurt.

Cynthia Carels 30:35

Yeah, so think about the basics. If you're throwing some sort of uh party, it's important to make sure, let's say, your sidewalks and your walkways are clear of ice and snow, uh, keep those stair railings sturdy and well lit, and check that there aren't any loose rugs or tripping hazards uh around inside the house. And of course, speaking of tripping hazards, I think we actually mentioned this in last month's show as well. Those darn power cables, they are another big issue at this time of year with all the twinkling lights and the blow-up yard decorations making the season bright. All of those power cables are out um running across sidewalks.

Social Host Duties And Limits

Cynthia Carels 31:10

They're they're going out to our vehicles at this time of year. So it's really important to be vigilant to make sure those cables aren't actually creating tripping hazards. Um and, you know, those might sound like small details, but they can make a big difference in uh keeping your guests safe when you're having a social party.

Michael McVey 31:27

Right. And and when it comes to social host liability specifically, the standard of care isn't as clear-cut or well-defined as it is for commercial hosts. With bars and restaurants, there are those written regulations, licensing laws, and staff training requirements uh that we talked about earlier. But for social hosts, the expectations can depend a lot on the situation and the level of control the host has over what's happening. So uh in a situation where no alcohol is being served, say uh you're having people over for coffee or for dinner, uh then the law doesn't expect you to actively monitor anyone's sobriety. Uh, but if alcohol is involved, the situation can change. A social host might be expected to take reasonable steps to prevent an intoxicated guest from driving or doing something dangerous that could put themselves or others at risk. That could mean offering to call a taxi or ride share, uh, or arranging for a designated driver, or even offering a spare bedroom or a couch for the night, uh, or even just taking away the car keys if that's necessary.

Warren Berg 32:29

So a lot of this actually sounds pretty similar to what a commercial host would have to do. So what is the real distinction between the two?

Cynthia Carels 32:36

That's a good question. And it's one that the courts have spent a lot of time thinking about. Uh, but the key difference is that commercial hosts like bars and restaurants are professionals. Their business revolves around serving alcohol, and they have legal obligations and training that come with that. So servers are taught how to spot signs of impairment, they're required to follow specific service protocols, and they hold licenses that can be suspended if they're not complying. Now, social hosts, on the other hand, are private individuals. There's not an expectation that they're going to be trained or licensed, and they don't have the same professional responsibility to monitor alcohol consumption. So while it's possible for a social host to be found liable if something goes wrong, it is much less likely that the circumstances would have to be pretty extreme or, you know, very clear-cut for the courts to uh impose that duty as strongly as they would on a commercial host. So one of the leading cases on this issue is a case known as Childs and DeSormo. Uh that is a 2006 decision from the Supreme Court of Canada. And so here's what happened. On New Year's Eve in 1999, two homeowners hosted a party at their house. And it was one of those BYOBs. So bring your own booze, bring your own beer event, meaning guests were in charge of supplying their own alcohol. And one of the guests uh was a man named uh Mr. DeSormo, and he did drink quite heavily that night, but he was also one of those people who could handle quite a bit of alcohol before actually appearing impaired. Uh and after leaving the party, he got behind the wheel, drove off, and tragically caused a collision where one person was killed and three others were seriously injured, including a woman named Zoe Childs, who ended up being left paralyzed.

Warren Berg 34:20

I mean, that's heartbreaking. Uh so in this case, did the Supreme Court end up finding that those social hosts were liable for what happened?

Michael McVey 34:28

No, they didn't. Uh in fact, all the way through the court system, starting from the trial court and ending up with the Supreme Court, the hosts were found not responsible. Uh Chief Justice Beverly McLaughlin, who wrote the s decision, pointed out a couple of important facts. First, uh it was a BYOB party, which meant that the hosts didn't actually supply, serve, or control the alcohol. They didn't know how much any one person had to drink and they weren't monitoring consumption. Uh secondly, there was no evidence that the host provided

Bar Fights, Assaults, And Insurance

Michael McVey 35:00

alcohol to the defendant while Mr. DeSormo was in a visibly inebriated state, knowing that he was likely to drive home.

Cynthia Carels 35:07

And that second detail is the one that really mattered because the Supreme Court said that for a duty to exist, there has to be a foreseeable risk, something that the host could reasonably see coming. And if a guest is clearly stumbling, you know, slurring their words or visibly drunk, that set of facts might create a duty to step in and try to prevent them from driving. But in this case, you know, Mr. DeSormo could hold his alcohol curly really well, and there was no warning sign to the host. And since the risk in that situation wasn't foreseeable, the hosts were not found liable.

Warren Berg 35:42

So I guess the main takeaway here is that commercial hosts have much stricter responsibilities, but social hosts, they still need to act with some common sense care.

Cynthia Carels 35:50

Exactly. The law recognizes, you know, a private homeowner isn't a bar manager, but at the same time, we all do share some responsibility for keeping one another safe. And if you're hosting a party, especially around the holidays, it is just good practice to plan ahead. Make sure that your guests do have a safe way home, uh, keep an eye out for anyone who might be drinking too much. Of course, you want to supply plenty of non-alcoholic options along with food, and be willing to step in if needed.

Michael McVey 36:19

It really comes down to being proactive and thoughtful. Even if the law might not hold you legally liable, none of us wants to be in a situation where we're living with the regret of knowing we could have done something different to prevent a tragedy.

Warren Berg 36:33

Well said. This is Ask the Lawyer on Windspeaker Radio, C F W E and C J W E. I'm your host, Warren Berg, joined by Mike McVeigh and Cynthia Carrolls of Weird Bowen, L L P and Edmondson. That's W-E-I-R-B-O-W-E-N. Their phone number is 780-424-2030 or online at WeirdBowen.com. So far we've mainly discussed host liability in the context of motor vehicle collisions involving impaired drivers, but there are other situations where hosts, either social or commercial, might be legally responsible for causing or contributing to somebody's injuries.

Michael McVey 37:06

That's right, Warren. Yes, there are definitely other scenarios where a host liability can come into play. One common example involves what happens inside a commercial establishment when alcohol and human behavior mix. Imagine a situation where a customer becomes overintoxicated at a bar and ends up assaulting another patron. Even though the bar itself didn't throw a punch, it may still face liability in that situation. And the reasoning goes back to the same fundamental duty we talked about earlier. Commercial hosts are expected to manage alcohol service responsibly. If someone is showing signs of intoxication, or worse, uh starts acting aggressively or unpredictably, the establishment has a duty to intervene by cutting them off, taking steps to de-escalate the situation, facilitating their safe departure, and if necessary, involving security or the police.

Cynthia Carels 37:58

Yeah. The underlying uh principle is that a business that makes money off of selling and serving alcohol comes with a lot of foreseeable risks just baked in. And they are required to take reasonable precautions against the consequences that predictably follow, like impaired judgment or even violent behavior. It's just part of the cost of doing this kind of business. And unlike a private home, bars and restaurants usually have clear records of what was served and when. There should be a tab, a receipt, and even video footage showing how much someone drank. So if a claim goes to court, it's often much easier to reconstruct what happened than, you know, in a casual bring your own bottle house party like the one in Child's and DeSormo.

Warren Berg 38:37

So, Mike, you had mentioned earlier that sometimes the victims of assaults might uh sue the bar where the assault occurred in order to obtain compensation for their injuries. I've got a question that I think a lot of our listeners might be wondering about. If somebody is assaulted in a bar or maybe some other type of commercial establishment, what would they need to consider suing the bar or the host rather than just going after the person who committed the assault? Isn't the assailant the one responsible for their actions?

Michael McVey 39:05

That's a great question, and and that's something that comes up more often than you'd think. Of course, the assailant is responsible for the assault. Uh nobody disputes that. Uh criminally, they can be arrested, charged, convicted. But in the civil world, when we're talking about compensation for injuries, things are a little bit more complicated. You see, most insurance policies won't cover criminal acts. So unlike motor vehicle accidents where insurance coverage usually covers the damages, assaults are generally not insured events. That means that uh if you're

Evidence Preservation And Timing

Michael McVey 39:40

relying on uh going after the individual who caused the assault, you might end up with a judgment that's difficult or in many cases impossible to collect. The person may uh not have significant assets, they may not have a steady income, uh, they could even be what we call judgment proof, which means that practically you can't get any money out of them.

Cynthia Carels 40:02

It's really frustrating for victims in that situation because you can win a lawsuit against the person who assaulted you, but if they don't have the resources to pay, that legal victory doesn't provide any real help in terms of medical bills, lost wages, or other damages.

Michael McVey 40:16

Aaron Ross Powell Exactly. And and that's where commercial hosts, bars, clubs, restaurants, uh, they can become relevant in civil claims. These businesses have a legal duty to provide a reasonably safe environment for their patrons. And where they fail to do that, they can be held uh responsible for the harm that occurs.

Warren Berg 40:34

Can you maybe give us an example of how that might work in practice?

Michael McVey 40:37

Sure. Imagine a scenario where someone is drinking at a bar and another patron becomes aggressive. The bar staff notices escalating tension, but doesn't do anything to intervene. Uh let's even say the impaired person is a regular who is known to the bar uh staff to be a loudmouth, uh, and in their experience, uh and it's been their practice to just keep serving him until he gets tired and leaves on his own accord. But on that night, they see him directing aggression towards another patron and they don't know what to do. Uh bar security isn't properly trained to de-escalate the situation. Uh, and uh when they try to intervene with muscle, it sets the powder keg on fire. The intoxicated patron gets very angry and starts swinging fists and kicking wildly, causing serious injuries to the other patron who was just trying to have a night out with uh his or her friends. In that situation, the assailant himself is obviously liable, uh as we said before, uh, but they may not have the resources to pay a settlement or judgment uh to compensate the victim. In a situation like this, the injured person could pursue a claim against the bar itself, arguing that the bar failed to exercise reasonable care to prevent foreseeable harm to its patrons.

Cynthia Carels 41:53

Right, and that term reasonable care can cover a variety of things. It might include, you know, training staff to recognize signs of intoxication, having appropriate security present and properly trained to intervene in disputes before they escalate, uh, refusing service to someone who's clearly aggressive or intoxicated, and taking appropriate steps to care for patrons even when they are actively attempting to remove themselves from the premises.

Michael McVey 42:17

And and that does seem like a pretty high degree of responsibility, but to be clear, the law doesn't expect hosts to prevent every conceivable risk, but it does extend to risks that are reasonably foreseeable.

Warren Berg 42:30

So if a commercial host ignores these clear warning signs and somebody gets hurt, they could be on the hook for damages.

Michael McVey 42:36

Yes, that's that's the practical reality. Uh courts will look at whether the bar did what a reasonable establishment would do to prevent harm. Did they have the appropriate policies in place? Did they actually enforce those policies? Were staff properly trained to respond to risky situations? Were security personnel attentive and effective? All of these factors can come into play when determining liability.

Cynthia Carels 42:58

And this isn't just limited to assaults in the classic sense. It can also include injuries caused by just overly intoxicated patrons generally, like fights that break out and hurt a bystander who wasn't even involved in the

Occupiers’ Liability Explained

Cynthia Carels 43:10

fight itself, or an intoxicated patron being thrown out of the establishment and getting hurt or hurting someone else in the process. The key is whether the injury was reasonably foreseeable and whether the establishment took appropriate steps to mitigate that risk.

Michael McVey 43:24

Another important aspect we keep in mind regarding these kinds of claims is the insurance coverage. Commercial hosts typically carry liability insurance, which is designed to cover negligently caused injuries that occur on their premises. That's another practical reason why pursuing a claim against establishment can make sense. The insurer may be the only party realistically of realistically capable of compensating the injured person for their injuries.

Warren Berg 43:50

So in other words, even though the assailant is also legally responsible, the borrower commercial host might be the only avenue for actually receiving any compensation from a practical perspective.

Michael McVey 44:00

That's correct. And and it's not about shifting blame unfairly, it's about making sure the victim can be properly compensated for their injuries. The law recognizes that businesses have a role to play in keeping their patrons safe. And when they fail to meet that duty and someone gets hurt as a result, the injured person may have a legitimate claim. The system is designed to keep that route to potential recovery open for injured people to pursue if the facts support that type of claim.

Cynthia Carels 44:27

And it's worth noting that pursuing a claim against the establishment does not absolve the assailant of responsibility. Both parties can be liable. Uh, and it's often the assailant and the establishment that we name together in those civil claims, but in reality, it might end up being the commercial host that's the only party available that can actually provide compensation and that compensation that the victim needs.

Michael McVey 44:49

Exactly. And as I'm sure you can imagine, these cases can be quite complex, and gathering evidence is the key. We look to things like security footage, witness statements, incident reports, uh staff training records, all of these things can be important in establishing liability. And that's why it's so important to contact a lawyer uh promptly. The sooner the evidence is preserved, the stronger the case is likely to be. In fact, one of the first things we do in that situation uh is send out what we call a preservation letter, and we send that to the establishment telling them to gather up and preserve all of the evidence they have in connection to this incident and injury. Uh, and if they fail to do that, we can ask the court to make an adverse inference against the defendant.

Warren Berg 45:34

So an adverse inference, what exactly is that?

Cynthia Carels 45:37

Yeah, it's another one of those fancy legal terms. Um, but essentially, we're going to argue that the court should infer that that missing or destroyed evidence would actually adversely impact the establishment's defense. So the fact that they no longer have evidence that they were specifically told to preserve should be seen as a big problem for their defense, as opposed to yet another hurdle that the plaintiff has to deal with in order to actually prove their case.

Warren Berg 46:04

So this all seems like timing is very critical, just like with motor vehicle accidents.

Cynthia Carels 46:09

Yeah, you know, the sooner we can get those preservation letters out, uh, the better, because there is a big difference between asking a bar to preserve their surveillance footage a week after an injury than a year after an injury. It's also going to be easier to get credible witness statements from people when that incident is still fresh in their minds. And of course, you know, the hospitality industry can be quite transient. So the sooner lawyers are involved, the faster we can move the matter towards questionings under oath if that's warranted, uh, before hopefully those staff members involved in an injury move on and just can't be found. And of course, uh, like we talk about in every Ask the Lawyer show, those limitation periods also apply to host liability claims as well. So in Alberta, for most civil claims, you generally have that two-year period from the date of the injury to file a claim, and missing that window can be devastating, especially if that key evidence disappears or witnesses simply become unavailable.

Michael McVey 47:04

And unlike motor vehicle cases, which are fairly common and and pretty well understood, assaults in commercial settings can be more nuanced. Every case is different, and the specifics of the establishment's actions or inactions will matter a great deal.

Workplace Parties And Employer Risk

Michael McVey 47:20

That's why it's crucial to get uh legal advice early on.

Warren Berg 47:23

So let's say somebody is involved in a bar assault. What should they do immediately after the incident?

Cynthia Carels 47:29

Again, you know, that first order of business is to ensure everyone's immediate safety and to get that medical attention if necessary. Um, also calling police to attend the scene uh is really uh useful as their investigative work can be tremendously helpful down the line. Uh, even if criminal charges are never laid, the work that police do uh write at that moment is really helpful. Uh and it's also important to document your injuries and the circumstances of the incident by taking photos if it's possible, and of course, writing down what happened while it's still fresh in your memory.

Michael McVey 47:59

And if you're aware of any witnesses, get their contact information because you may never be able to find some of these key people again once they leave that bar. And if you have the wherewithal to make an incident report, make sure you get a copy for yourself and specifically ask for security footage to be retained. All of this evidence can be critical in building a claim. And then as soon as your immediate safety and health concerns are addressed, reach out to a lawyer. Early legal guidance helps with making sure evidence gets preserved and that your claim will meet all of the relevant deadlines.

Warren Berg 48:32

So it really seems that the takeaway here is that in these situations, pursuing the assailant alone may not be enough, and the commercial host could also play a critical role.

Cynthia Carels 48:42

Yeah, it's really about understanding all of the available avenues for obtaining compensation. Uh, the law gives injured parties some options, but you have to know what they are, and you also have to know how to navigate around them.

Michael McVey 48:54

And remember, every case is unique. Not every bar or club will be liable for every altercation. But if a business fails to take reasonable steps to keep patrons safe, then there may be a potential avenue for recovery.

Warren Berg 49:06

And that really clears up the practical reasons why somebody might need to consider a claim against the commercial host after an assault. It's not just about claiming or blaming the bad people in this, it's also ensuring the victims have a pathway to compensation.

Cynthia Carels 49:21

Yeah, knowledge is power, and understanding your legal options can make a huge difference if you're ever in that unfortunate situation.

Michael McVey 49:26

Aaron Powell And of course, everything we say here on Ask the Lawyer is for general knowledge purposes only. It should not be construed as legal advice. Anyone who's been injured in a commercial setting should contact a lawyer promptly to understand how the law applies to their specific circumstances.

Cynthia Carels 49:42

Yeah, and Warren, it's important that a bar or restaurant's responsibility for preventing fights or assaults is really just only one part of that broader legal duty known as occupiers' liability. Uh and I know we've talked about this before, but this area of law isn't limited only to alcohol-related incidents. It also covers those pesky power cables that we were talking about. Um icy sidewalks, wet floors, unsafe stairs, all of those things. Uh in other words, occupiers' liability is just the legal foundation for a lot of these cases, but it also explains why commercial hosts are expected to take reasonable steps uh to keep their patrons safe from all of the foreseeable harm, including these violent incidents that we've been talking about.

Warren Berg 50:24

So, Mike, can you maybe walk us through what occupiers' liability actually means?

Michael McVey 50:30

Sure. So occupiers' liabil liability refers to the duty that an entity in control of property or the occupier owes to people who are lawfully on that property. The term occupier can include homeowners, tenants, landlords, uh, or business owners, or just generally anyone who has control over the space and can take steps to make it safe. In most provinces, including right here in Alberta, that duty is spelled out in legislation called the Occupiers Liability Act.

Cynthia Carels 50:59

And the rules are pretty consistent across the country, but in Alberta, section five of the Occupiers Liability Act sets out the main principles. And um just for fun, instead of me reading out, you know, difficult to comprehend legislation on the radio, like I am prone to do on a monthly basis. Um how about you give it a read this time, Warren?

Warren Berg 51:18

Yeah, I get to play lawyer instead of radio host. Uh here it goes. An occupier of premises owes a duty to every visitor on the occupier's premises to take such care as in all circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes of for which the visitor is invited or permitted by the occupier to be there or is permitted by law to be there. That's quite the mouth.

Cynthia Carels 51:46

Yeah, it is. Um and I'm glad that you read that instead of me. But because legal language does tend to be really wordy, but in plain English, um, what that basically means is simple. If you're responsible for a property, you have to make sure it's reasonably

Practical Prevention For Safe Events

Cynthia Carels 52:00

safe for the people you invite, or even those who are allowed by law to be there. That doesn't mean you have to guarantee absolute safety, but you do need to take reasonable steps to prevent that foreseeable harm. Uh and the law also give occup gives occupiers a bit of flexibility. So you can reduce your liability by warning people of hazards that you, you know, that you can't fix immediately, like posting a wet floor sign, for example, or by recognizing when visitors will accept certain risks. For example, um someone skating on an outdoor rink or sledding on a hill is going to be assuming some obvious dangers that just inherently come with those activities.

Michael McVey 52:37

Right. And and that's where we connect back to hosts, both commercial and social. Occupiers' liability can arise in all kinds of everyday situations. For instance, if someone slips on an icy front step or trips on a torn carpet during a holiday party, the host could face a claim for the injuries that result. The same principle applies to businesses. If a customer falls on a wet floor that wasn't properly mopped or marked off, that can easily lead to a lawsuit.

Warren Berg 53:04

So that makes sense for outside hazards like snow or ice. What about inside the property?

Cynthia Carels 53:09

You know, that same duty applies indoors. And we see cases involving all sorts of hazards. So like those wet floors, uh, greasy floors, loose tiles, uneven stairs, poor lighting, um, sometimes even clutter and walkways can lead to serious accidents. And at our firm, we've handled many cases where people have been injured because a property owner or staff just didn't take basic precautions to keep visitors safe.

Michael McVey 53:33

And that's that's definitely true. Uh we've represented plenty of plaintiffs who were seriously hurt in what might seem like a minor slip and fall incident. And often it's something simple, a spill that wasn't cleaned up, a missing handrail, or a floor that was mopped but left without a warning sign. Uh other times it's a design issue, like a step that's not built according to the co b the building codes or uh lighting that makes depth depth perception difficult. These details can make a big difference when determining negligence.

Warren Berg 54:03

Okay, so bringing all of these discussion bits back to the holiday season, a lot of companies have office parties around this time of year. Can employers actually be held liable if something goes wrong after one of those parties?

Cynthia Carels 54:15

Yes, that's the simple answer. Um, around the holidays, many companies are hosting staff events. Sometimes they're at rented venues where alcohol is served. Uh, you know, our own firm's holiday parties always have gone smoothly, but that's because we are taking precautions. So things like pre-arranging transportation, um, limiting drink tickets, hiring professional bartenders, and making sure that no one is left to drive home impaired. But, you know, truly not every employer is that careful, and a lot of employers don't know the law to the extent that we do as well. Um, and some host, you know, even informal parties right in their workplace. And when alcohol is involved, that can create some additional legal risks.

Michael McVey 54:56

And there's a great example of this uh in an Ontario case uh that I think illustrates this principle perfectly. Uh it's a 2001 case involving an employee who attended her office Christmas party. Uh during the event, she consumed quite a bit of alcohol and and while she was still technically on the clock and being paid. Uh after the party ended, she and a few co-workers went to a nearby pub and continued drinking. U later, she decided to drive home, but unfortunately, she crashed her vehicle and was seriously injured. Uh, she ended up suing both her employer and the pub for negligence.

Cynthia Carels 55:30

So that's a case known as Hunt versus uh Sutton Group Incentive Realty. And the court actually sided with the plaintiff in this case and found that both her employer and the pub shared responsibility. And the reasoning was interesting uh because Ms. Hunt was attending a work function and still being paid, the court considered her to be in the course of her employment. So the employer had a duty to take reasonable steps to protect her safety, just like they would during regular work hours. Uh, the court concluded that the employer hadn't done enough to safeguard her from foreseeable harm. Uh the pub, meanwhile, was also liable under that commercial host principle for continuing to serve her when she was clearly intoxicated.

Warren Berg 56:07

Okay, but wasn't the plaintiff herself also responsibility for her bad choices? I mean, don't people have a responsibility to take care of themselves?

Michael McVey 56:16

Ultimately, what the court did in that case was split the blame. Uh Miss Hunt herself was found to be 75% responsible, so the majority of the fault rested with her. Uh but the remaining 25% was divided between the employer and the pub. And in that case, the court's message was clear. Even though Miss Hunt made poor choices, uh, those in positions of responsibility also failed to act reasonably to prevent uh foreseeable harm.

Warren Berg 56:41

So that's really eye-opening, and it sounds like employers really need to be extremely cautious when it might come to events that involve alcohol.

Cynthia Carels 56:48

Yeah, absolutely, Warren. And we're really not trying to be grinchy here. This isn't about discouraging celebrations or dampening holiday spirit. It's really just about managing risk responsibly. Uh, and employers have a legal duty to the safety of their employees, even during those social or off-duty events that the company organizes or sponsors. So before planning any event, especially with alcohol, it's essential to review the company's liability insurance policies. Many employers just assume that they're covered, but in reality, insurance policies often have some exclusions for incidents that occur outside the normal course and scope of work or off-company premises. And failing to check that could leave an organization exposed if something goes wrong.

Michael McVey 57:28

And beyond insurance, there are many practical steps employers can take to reduce the likelihood of accidents. So, for example, uh hosting the party at a licensed venue that hires pro serve certified staff can make a huge difference. These professionals are trained to recognize signs of intoxication and know how to intervene appropriately in the circumstances. Employers should also provide food and a variety of non-alcoholic beverages to help moderate alcohol consumption. Uh clear rules and guidelines, such as establishing a firm end time

Closing Reminders And How To Reach Us

Michael McVey 58:00

for the event and avoiding drinking games or avoiding open bars, these things can also significantly reduce the risk.

Cynthia Carels 58:06

And one of the most critical considerations is transportation. Employees really should be thinking about how everyone is going to get home safely, providing taxi trips, um, rideshare credits, or arranging designated drivers can prevent impaired employees from getting behind the wheel. You know, and even a single trip home without proper planning could result in a serious accident, and a company could be held partially responsible.

Michael McVey 58:27

And another often overlooked aspect uh is communicating expectations to staff ahead of time. Setting the tone uh or setting a tone that encourages responsible drinking combined with a plan for safe transportation uh helps create a culture of safety uh within the workplace. It's about being proactive rather than reactive, thinking through potential hazards before the event uh rather than after uh something unfortunate happens can go a long way in preventing uh an unfortunate outcome.

Cynthia Carels 58:59

Yeah, and a few thoughtful precautions um not just toward preventing accidents and protecting employees, but also to shield the employer from a potential liability. Ultimately, it's about creating that environment where everyone can celebrate and enjoy themselves responsibly while ensuring they make it home safely at the end of the night. It's not about taking the fun out of the event, it's about making sure the memories from the celebration are positive, not tragic.

Warren Berg 59:24

All great advice and certainly some important food for thought as we approach the end of 2025. With that, it looks like we're running out of time. But for anybody who might have questions about personal injury claims of any sort, Cynthia and Mike and the team at Weirbowen L L Pyre are always ready to help. You can find more information on their website at weirbowen.com. That's W E I R B O W E N dot com. You can also give them a call at seven eight zero four two four two zero three zero. And they handle many different types of cases as we've discussed today. It's always better to reach out sooner rather than later. Thank you very much, Cynthia and Mike, for sharing your insight and expertise with us today. It's been incredibly informative.

Cynthia Carels 1:00:04

You're always uh uh it's always a pleasure to be here, Warren, and and I look forward to joining you again next month for some more uh practical tips.

Michael McVey 1:00:10

Yes, thanks for having us. We really enjoy helping listeners understand these issues in a clear and accessible way.

Warren Berg 1:00:16

And don't forget this series airs on the last Saturday of every month and all episodes are available on demand through our website. So if you uh missed any part of today's discussion, you can always go back and catch it anytime.

Cynthia Carels 1:00:28

In the meantime, we wish everyone a safe, happy and healthy holiday season. Take care of yourselves and each other, uh plan ahead and remember that small actions can make a big difference in keeping everyone safe.

Warren Berg 1:00:37

And that's right from all of us here. This has been Ask the Lawyer on Windspeaker Radio, C FWE and CJWE. Stay safe and enjoy the upcoming holiday seasons responsibly uh responsibly and we'll talk to you again next month.