Injured by a Drunk Driver or Hurt at a Friend’s Rental Property? What Ontario Law Actually Allows

Many people assume that if they were drinking, or if an injury happened at a friend’s home, they don’t have legal options. That assumption often stops people from seeking help when they need it most.

In this Ask the Expert segment, Brenda Hollingsworth explains two situations we see frequently at Auger Hollingsworth Accident & Injury Lawyers:

• Being injured as a passenger when a friend was driving impaired
• Being seriously hurt at a friend’s rental property due to unsafe conditions

Since 2005, our firm has helped injured Ontarians understand how responsibility is shared, and where it truly lies, under Ontario personal injury law.

Scenario 1: You Were Injured as a Passenger in a Car Driven by an Impaired Friend

The situation:
You went out with friends. One friend said they would be the designated driver. You had drinks and did not realize your friend was also impaired. Shortly after leaving, there was a head-on collision. You suffered a serious injury, such as a broken pelvis.

Do you have legal options?

Yes. Several.

Brenda explained that this is a surprisingly common scenario. When people have been drinking, their ability to judge whether someone else is impaired is reduced—especially if they were not together the entire evening.

From a legal standpoint, this is treated like any other car accident:

• You can pursue a claim against the at-fault driver (even if that driver is your friend)
• You may also have a claim against the bar or establishment that served alcohol

When a Bar or Restaurant Can Be Partly Responsible

If alcohol was served to both the driver and the passenger while the driver became impaired, the establishment may bear some responsibility.

Bars and restaurants in Ontario are expected to:

• Follow Smart Serve principles
• Monitor intoxication levels
• Take reasonable steps to prevent impaired patrons from driving

In these cases, the driver usually bears most of the responsibility, but establishments may also contribute. That is why Brenda noted that lawyers often pursue claims against both the driver and the bar to ensure all responsible parties are included.

This is not about punishment. It is about ensuring there is enough coverage and accountability to support someone with serious injuries.

What About the Passenger’s Responsibility?

Ontario law recognizes contributory negligence, meaning responsibility can be shared.

If a passenger knowingly gets into a vehicle with an impaired driver, compensation may be reduced. Brenda explained that reductions are often in the 20–30% range, depending on the circumstances.

However, the facts matter.

Does a “designated driver” agreement matter?

Yes.

If everyone agreed at the start of the night that one person would remain sober and drive, that can reduce the passenger’s share of responsibility. It does not eliminate it entirely, but it can significantly affect how fault is apportioned.

Courts also consider personal characteristics, such as:

• Age
• Level of intoxication
• Ability to make informed decisions at the time

A teenager or young adult may be assessed differently than a fully sober adult who knowingly takes a risk.

G2 Drivers and Alcohol: A Serious Insurance Risk

Brenda highlighted an important distinction that many people don’t know.

If a driver has a G2 licence, they are subject to a zero-tolerance alcohol rule. Even a small amount of alcohol can:

• Breach the terms of their licence
• Void significant portions of insurance coverage
• Create severe financial exposure

This is different from fully licensed G drivers, whose insurance generally still applies even when impaired (though criminal consequences still follow).

Scenario 2: Injured at a Friend’s Rental Property After a Deck Collapse

The situation:
You attend a barbecue at a friend’s house. The property is a rental. While standing on the back deck, the railing collapses. You fall eight feet, break your collarbone, and injure your hip. You miss work.

Who is legally responsible?

Potentially both the tenant and the landlord.

Brenda explained that when someone is injured due to unsafe property conditions, lawyers often pursue claims against everyone who may bear responsibility.

That includes:

• The tenant, if they knew about the hazard or agreed to maintain the property
• The landlord, who has overarching responsibility for structural safety

Why Tenants Need Insurance

Tenants are often surprised to learn they can be held responsible.

A tenant may face liability if:

• They knew the railing was unsafe
• There is evidence (including social media or messages) showing awareness of the defect
• The lease assigns certain maintenance responsibilities to the tenant

These situations are common in Ontario leases, especially where tenants receive reduced rent in exchange for handling maintenance tasks such as snow removal or basic repairs.

Brenda’s advice was clear:
If something is unsafe, don’t ignore it—and don’t invite people over until it’s addressed.

Tenant insurance can provide critical protection in these situations.

What Compensation Can Look Like in Ontario Injury Claims

Brenda clarified a point many people misunderstand.

Pain and suffering is capped

In Ontario, damages for pain and suffering are capped at approximately $425,000–$430,000 (indexed to inflation). This maximum applies only in the most severe cases, such as catastrophic spinal cord or brain injuries.

For serious but non-catastrophic injuries—such as fractures—the range may be significantly lower.

So how do million-dollar settlements happen?

Because compensation includes much more than pain and suffering.

Additional damages can include:

• Past and future loss of income
• Reduced earning capacity
• Cost of retraining (where possible)
• Ongoing care and rehabilitation
• Psychological injuries, including PTSD

For people in physical occupations, these losses can be substantial.

Construction workers, personal support workers, nurses, hairdressers, and tradespeople may face lifelong income loss if they cannot return to their previous work and retraining is not realistic.

Psychological Injuries Are Compensable in Ontario

Brenda addressed another common misconception.

Psychological injuries—such as post-traumatic stress disorder—are treated seriously under Ontario law. If PTSD prevents someone from working or living normally, they may be entitled to compensation for:

• Pain and suffering
• Loss of income
• Loss of earning capacity

The law no longer dismisses these injuries simply because they are not visible.

Free Consultations Exist for a Reason

As Brenda noted, consultations with personal injury lawyers are free. Many people call thinking they might not have a case—and sometimes they don’t.

But they leave with a clear answer.

That clarity matters when injuries are serious, income is lost, and decisions feel overwhelming.

Talk to a Personal Injury Lawyer About Your Options

If you were injured as a passenger in an impaired-driving crash, or hurt at a friend’s rental property due to unsafe conditions, Ontario law may give you options you didn’t expect.

Not sure if you need an injury lawyer? That’s okay. Start with a free consultation. Contact us today!