Friday, June 18, 2004

SANITY WINS -- FOR NOW

"Getting drunk and blaming the barman for an injury you suffered on the way home got much harder yesterday when the High Court said it was time people accepted responsibility for their actions.

Rosellie Cole lost her 10-year battle to have the South Tweed Heads Rugby League Football Club compensate her for being run over by a car after a day-long drinking session. But the judges' 4-2 decision revealed the court to be split along the lines of those who say pubs and clubs should effectively babysit patrons and those who say interfering with adults' personal choices opens up all sorts of problems.

The dissenters, Justices Michael McHugh and Michael Kirby, said the club should have thrown Ms Cole out long before she told the manager to "get f---ed" when he offered her a taxi or bus home. Justice McHugh said it had a legal duty "to prevent her drinking herself into a state where she was liable to suffer injury". Justice Kirby said the decision would ensure clubs could profit from alcohol without accepting any responsibility for the harm it might cause."

More here.

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