What is the duty of care owed by a commercial liquor provider to patrons and third party highway users?
British Columbia, Canada
The following excerpt is from Van Hove v. Boisselle, 2012 BCSC 494 (CanLII):
The duty of care owed by a commercial liquor provider to patrons and third party highway users was set out in Stewart v. Pettie, 1995 CanLII 147 (SCC), [1995] 1 S.C.R. 131, at para. 28: It is clear that a bar owes a duty of care to patrons, and as a result, may be required to prevent an intoxicated patron from driving where it is apparent that he intends to drive. Equally such a duty is owed, in that situation, to third parties who may be using the highways. In fact, it is the same problem which creates the risk to the third parties as creates the risk to the patron. If the patron drives while intoxicated and is involved in an accident, it is only chance which results in the patron being injured rather than a third party. The risk to third parties from the patron’s intoxicated driving is real and foreseeable.
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