Posts Tagged: alcohol

“Responsible Tailgating” — an oxymoron?

January 15, 2014

Alison Epperson, Ph.D.
Assistant Professor, Health Ed.
Murray State University

In North America, tailgate has become nearly as important as the actual event. Extensive planning, preparation, food, attire, accessories, and location are key elements in enhancing the tailgater’s experience. The very nature of tailgating is a great example of culture “a shared set of attitudes, values and beliefs held by a group of people.”
However, as the popularity of tailgating has increased (and in particular, the alcohol consumption associated with it), so have some significant risk factors which can have detrimental effects on the participants as well as the property/ ownership of the event location.

It is not to say that other sports do not participate in tailgating, but by in large, the two sports most closely associated with large-scale pre and post event drinking (and sometimes even during) is football and NASCAR racing. Football however, touts elaborate tailgating on both the collegiate and professional level.
With reports estimating products and services related to tailgating accounting for revenue generation of approximately $12 billion, it’s not likely that this trend is going to decrease anytime soon. Furthermore, tailgating is not limited to just students supporting their home team. According to Katherine Dyson’s (2008) article ‘Turn Tailgating Into Fine Art’, the demographics of tailgaters may or may not surprise you: Read more

Nuts and Bolts Liability

November 21, 2011

How to Know When You Need to Call a Lawyer!

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Liability issues are faced by everyone. It does seem that there are more lawsuits and more ways to be sued but some of the risks have not changed. For the Student Union Manager, there will always be students, some considered to be ‘children’ in the eyes of the law; there will always be those who want to take risks; and there will always be alcohol (and drugs).

The following is a primer on some of the basics to keep in mind when planning activities with the Student Union (SU) Board and running the Union.

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The Basics of Alcohol Liability: Part I

April 10, 2011

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Editor’s Note: While the Case Law is Canadian based, readers may find this article of interest — the concepts of ‘special relationships’ and ‘foreseeability’ apply everywhere.

Alcohol liability, as we know it, is a fairly recent legal construct. The first case that proceeded to the Supreme Court of Canada was just 37 years ago. Until that time, there were fewer automobiles on the road (and therefore fewer impaired driving crashes), less disposable income and therefore less to spend on excessive alcohol consumption, and specifically, stricter rules in the university environment as well as a higher drinking age. That isn’t to say there weren’t alcohol related legal cases, but they were far fewer than in the late 1970’s to present day.

Initially, alcohol related cases were referred to as ‘commercial host cases’ since commercial hosts (those who sell alcohol) were the only ones being successfully sued. With time, more and more ‘hosts’ were added to the list, creating what is now known as host liability or alcohol liability.

This article is Part I of ‘The Basics of Alcohol Liability’, and will focus on two key elements of alcohol liability — “special relationship” and “foreseeability”. In the next issue of the Newsletter, Part II will look at more specific components of alcohol liability such as security obligations, innocent third parties, the youth factor, as well as “beyond commercial hosts”.

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The Basic of Alcohol Liability — Part II

April 10, 2011

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Part I of the The Basics of Alcohol Liability covered two fundamentals of alcohol liability — special relationship and foreseeability. Part II will review security obligations, innocent third parties, the youth factor and “beyond commercial hosts”.

Security Obligations
Every licencee is obliged to insure that patrons or guests of the establishment are in a safe environment. Occupiers’ liability, which is found in every province either in legislation form or in common law, provides that the occupier must provide premises that are safe – regarding the actual premises, the condition of the guests and the nature of the activity being conducted on the premises.

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The Muskoka Tragedy

April 10, 2011

(Another) wake-up call for servers of alcohol

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Editor’s Note:
Campus Recreation departments which operate golf courses with restaurant/ bar facilities attached may find this article of interest. There is a (pardon the pun) sobering message here for any recreation organization which sells or distributes alcohol at any of its venues.

On July 3, 2008, a car with 4 occupants crashed through a guard rail, and flipped into Lake Joseph in the Muskoka region of Ontario. One person was able to escape while the other three died. As information was made available to the public, it was alleged that the group had had lunch and were drinking at the Lake Joseph Club bar. Further, it was alleged that 31 drinks were served to the group.

Charges were laid in January 2009 against the bar staff — two servers and one manager – and the licencee, the Board of Directors of the corporate owner, ClubLink (operator of a network of golf courses in Ontario and Quebec). The charges included permitting drunken behaviour on the premises and serving liquor to people who were obviously intoxicated.

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Alcohol Awareness and Education within Club Sports

April 10, 2011

Getting your teams to “Make Smart Choices”

Kate Durant
Club Sports Program Coordinator
Student Activities
University of Connecticut

Underage Drinking, Alcohol related illnesses, students being rushed to the hospital, hazing and drunk driving accidents are a common occurrence on college campuses. Students suffer the consequences of fines, community service, probation of their organization, being expelled from the university, or worse – life altering injuries. The University of Connecticut Club Sports program focuses on turning our students athletes into student leaders. One distinct aspect of our programs is that they are exclusively student run. We form student committees consisting of volunteers from our various teams which collaborate to run six on-campus events. One of these events focuses on Alcohol Awareness and Education.

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