Q & A: What does a bar owe its intoxicated customers?

The death of Mohamed Abdiin Edmonton has prompted questions about the responsibilitiesbars have toward their patrons.

Abdi, 20, was kicked out of theRanch Roadhouse last weekbecause, his friends say, bouncers thought he was too drunk. Abdi's body was found two days later, under a vehicle at a nearby car dealership.

His family wants the bar held accountable, questioning why staffwould eject an intoxicated customer in freezing temperatures, and calling for the establishment to be closed.

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A spokesman for the Ranch has said employees took steps to ensure Abdi's safety, and noted that he left the establishment with a friend.In a statement, The Ranch apologized and has said the bar has launched an internalinvestigation.The Alberta Gaming, Liquor and Cannabis agency is also investigating.

One year ago, theAGLCinvestigatedthe hypothermiadeath of TylerEmes, 18, who left the same bar after a night of drinking. No sanctions resulted.

While theparticular circumstances of Abdi's case are beingdebated,there have been countless court cases in Canada involving commercial drinking establishments accused of neglecting their duties of care to their customers.

Here are some key questions that arise in such incidents:

1. What is a bar's responsibility when it comes to drunk patrons?

The first rule is: don't let patrons get drunk. And, if they are drunk, don't serve them more alcohol.

Of course, anyone who has been in a bar or pub knows this rule is broken frequently. Every person responds to alcohol differently, and bars exist because of liquor sales. Still, the law is clear: licensed establishments aren't legally permitted to let people drink to the point of intoxication.

"The onus is on you to ensure patrons are not served to the point of intoxication," states a handout forlicensed establishments, produced by the Alberta Gaming, Liquor and Cannabis agency. Also:"If you have to ask yourself whether an individual is intoxicated, it is usually a sign that the person is intoxicated."

2. Do the same rules apply to very large clubs, where patrons can order drinks from more than onebarinside the establishment?

Yes.

"If you're going to organize a big event, you have to have enough people on hand to watch out for this," said Ubaka Ogbogu, anassistant professor in thefaculties of law and pharmacy andpharmaceutical sciences at the University of Alberta.

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In an Ontario court case from 1980, a Royal Canadian Legion was held liable after a customer consumed about 10 bottles of beer over the course of five hours. The customer drove away from the bar, blew a stop sign, and killed three people.

"The beer was served from behind a partition in circumstances in which the bartender could not observe the patrons' condition or determine how much any patron consumed," states the AGLC handbook. "The Legion contended that, since its employee was unaware of the (customer's) intoxication, it should not be held liable."

But the court rejected the argument, and stated that establishments must figure out a way to ensure customers don't get drunk under their watch.

3. What's the bar's responsibility to patrons once they leave the establishment?

A bar's responsibilitydoesn't end once a customer walks off its property.

Licensed establishments must take "reasonable care to make sure yourpatrons leave safely, get home safely, and don't harm anyone on their way home," said Ogbogu.

"The question is, 'What is reasonable in the circumstances? And,did the bar act reasonably?' If I'm someone who's advising a bar, I would say the best step is to make sure that a person definitely gets home safely."

Best options are to call ataxi for a drunk patron, or contactthe police, Ogbogusuggested.

But, as Ogbogunoted, each case is unique and courts may debate what "reasonable care" means in a particular situation. The courts may consider factors such as the weather, the level of intoxication of the patron, or the capability of a friend to watch over an intoxicated patron.

What is reasonable in the circumstances? And,did the bar act reasonably?-UbakaOgbogu, University of Alberta

The landmarkcase in Canada when it comes to "commercial host responsibility" dates back to the 1970s. That's when the Supreme Court of Canada found an establishment called the Jordan House Hotel in Ontariohad a duty to reasonably ensure its clients got home safely.

The case centred around a man who was a known drinker and trouble-maker at the hotel bar. The hotel had said he couldn't come back unless he was accompanied by a responsible escort.

One night, the man was abandoned by his friends, got drunk, and started harassing other customers. The hotel kicked him out and the man was struck by a car as he walked down a highway.

The court found that because the bar let the man get drunk, it had a "duty" to "see that he got home safely by taking him under its charge or putting him under the charge of a responsible person, or to see that he was not turned out alone until he was in a reasonably fit condition to look after himself."

Edmonton police have said they have deemed Abdi's death non-criminal and they are not investigating.