Legal coverage and protecting yourself from lawsuits

House parties and your insurance.

It is highly important to understand that as an adult you are now responsible for those you host.In certain circumstances, you could be found liable because of hosting a social gathering where alcohol is consumed by their guests. In 2006 it was ruled that generally hosts are not responsible for unforeseen damages caused by their intoxicated guests. (Childs v. Desormeaux)

What this means is to help prevent yourself from being liable for damages or harm your guests commit, you should take measure to protect yourself. One way to prevent yourself from being sued from unintentional actions is tenant insurance, which can provide legal defense and advice in such situations.

It is also important to understand a few laws if you are serving alcohol.  If you serve alcohol to someone who is highly intoxicated and whom you know is driving home, you could find yourself in legal trouble, if you don't prevent them from driving. The best rule is to not let your friends drink and drive!

Social Host Liability

As a host of a party you are required to ensure the safety of your guests, this is called a duty of care, and is the same care a restaurant or a bar owes you when they serve you alcohol. Insurance often covers you if you are sued, however, its best to reduce your chances. There are several measures you can take to try and reduce their liability: 

Monitor consumption of alcohol making sure to cut those you are serving off when they are drunk

Arrange transportation home for your friend. True friends don't let friends drink and drive!

1. Take away a guest’s car keys
2. Contact the guest’s family members or friends
3. Alert the police if you cannot control the situation. In the case of residence contact campus security. 

Also remember to follow residence services guides on parties. There are some activities that are not allowed such as drinking games, encouragement to consume excessive alcohol, and noise from speakers do violate the residency agreement. 

Insurance only covers liability for unintentional acts.

It is important to note that insurance coverage and liability coverage under tenant insurance is not extended to you when the act is intentional. This includes acts that are intended to cause injury. Courts have ruled that by nature acts such as battery, assault and sexual battery, by nature are intended to cause harm, and the insurer does not have a duty to defend you. 

The important note with the law is to understand that it is the intent of the act that results in the decision. If you intended to inflict harm then you would most likely find the insurance company would not have to protect you. If you did something by accident and this can be proven, then the insurance will help with the liability of your case. 

The case law is stated in the leading case on what constitutes an intentional act with Non-Marine Underwriters, Lloyd’s of London v. Scalera, 2000 SCC 24. where Scalera was being sued for sexual battery and because this act is found to have had intent to injure the insurer did not have the requirement to defend.