Comments on: Social Host Liability http://www.lexferenda.com/06052006/social-host-liability/ daithí mac sithigh's blog on cyberlaw & media law Fri, 21 Nov 2008 10:23:29 +0000 http://wordpress.org/?v=2.5.1 By: Daithí http://www.lexferenda.com/06052006/social-host-liability/#comment-14 Daithí Wed, 10 May 2006 23:05:40 +0000 http://www.lexferenda.com/wordpress/?p=48#comment-14 I think another issue is the oft-cited 'culture of litigation' issue - certainly the people I've discussed this with offline during the week generally roll their eyes at the idea of Yet Another American Lawsuit. The idea of there being a limit to liability is certainly between the lines in the Canadian and especially the Australian versions. I can't imagine any case of this type being uncontested, too. So in a prevailing culture of trying to avoid opportunities for a day in court (if not 'tort reform' in the weasel words of the American insurance companies), it strikes me that this might fall between the stools - too complicated for PIAB (etc), too radical for tort law. One interesting aside from the SC in Canada - the intervenors were Mothers Against Drink Driving on one side and the association of insurance companies on the other... I think another issue is the oft-cited ‘culture of litigation’ issue - certainly the people I’ve discussed this with offline during the week generally roll their eyes at the idea of Yet Another American Lawsuit. The idea of there being a limit to liability is certainly between the lines in the Canadian and especially the Australian versions. I can’t imagine any case of this type being uncontested, too. So in a prevailing culture of trying to avoid opportunities for a day in court (if not ‘tort reform’ in the weasel words of the American insurance companies), it strikes me that this might fall between the stools - too complicated for PIAB (etc), too radical for tort law.

One interesting aside from the SC in Canada - the intervenors were Mothers Against Drink Driving on one side and the association of insurance companies on the other…

]]> By: Abhcoide http://www.lexferenda.com/06052006/social-host-liability/#comment-13 Abhcoide Tue, 09 May 2006 23:29:16 +0000 http://www.lexferenda.com/wordpress/?p=48#comment-13 Very interesting. If I get time later I have a look for more cases on this area. I'm just thinking out loud or on paper here, so please excuse the disjointed nature of the following... Perhaps, if such a case is heard in Ireland or the UK reference will be made to the fact that there is no duty to act to save another. This is in effect a tort of omission. Evidence would be required to demonstrate that the driver was obviously unfit to drive. Irish evidence law does allow a person to express an opinion on intoxication (if I remember correctly) without violating the rule on expert evidence. A neighbour viewing the driver being helped into his car by the host for example. In any case the issue is more likely to arise where the driver either has no insurance or financial resources. MIBI could attempt to recover it's costs from the host or perhaps an injured party could sue the host directly in circumstances where the driver was a person of insufficient means, a serious life-long injury perhaps requiring a substantial sum. I wonder how this fits in with P.I.A.B.? Given the novel nature of the argument, and the fact that for P.I.A.B. liability has to be uncontested, the case would have to be heard in court. In legal realist terms I'm not sure Ireland is ready for that kind of ruling given our drinking culture. Ad campaigns may have made drink driving abhorrent to most but we may not be ready yet for a duty of care on the part of a host. Very interesting. If I get time later I have a look for more cases on this area. I’m just thinking out loud or on paper here, so please excuse the disjointed nature of the following… Perhaps, if such a case is heard in Ireland or the UK reference will be made to the fact that there is no duty to act to save another. This is in effect a tort of omission. Evidence would be required to demonstrate that the driver was obviously unfit to drive. Irish evidence law does allow a person to express an opinion on intoxication (if I remember correctly) without violating the rule on expert evidence. A neighbour viewing the driver being helped into his car by the host for example. In any case the issue is more likely to arise where the driver either has no insurance or financial resources. MIBI could attempt to recover it’s costs from the host or perhaps an injured party could sue the host directly in circumstances where the driver was a person of insufficient means, a serious life-long injury perhaps requiring a substantial sum. I wonder how this fits in with P.I.A.B.? Given the novel nature of the argument, and the fact that for P.I.A.B. liability has to be uncontested, the case would have to be heard in court. In legal realist terms I’m not sure Ireland is ready for that kind of ruling given our drinking culture. Ad campaigns may have made drink driving abhorrent to most but we may not be ready yet for a duty of care on the part of a host.

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