How is liability apportioned between a commercial host and a passenger in a single vehicle accident?
British Columbia, Canada
The following excerpt is from Lum v. Peter James Mclintock Augusta Enterprises Ltd., 1997 CanLII 2151 (BC SC):
In an earlier Ontario trial judgment, Sambell v. Hudago Enterprises Ltd. (Unreported, O.J. No. 2494, November 30, 1990, Gautreau J. (Ont. Court of Justice)), liability was apportioned 50% to the intoxicated patron/driver and 20% to the commercial host for injuries sustained by the plaintiff who was a passenger in the patron's vehicle involved in a single vehicle accident. The plaintiff passenger was found 30% at fault, 15% for failure to wear a seat belt and 15% for riding with the patron, knowing him to be impaired.
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