Not according to the Supreme Court in Tasmania. 

Shane Scott was killed when he crashed his motorcycle while riding home from the Tandara Motor Inn at Triabunna, on Tasmania’s east coast, on January 24 2002.  He was found to have a blood alcohol content of more than 5 times the legal limit. 

In Hobart this morning the Supreme Court found the hotel and its then-licensee owed a duty of care to Mr Scott. In a majority decision, the court found the duty of care was breached and that Mr Scott’s widow Sandra should be awarded damages for her husband’s death.  This decision overturned the court’s previous dismissal of Mrs Scott’s claim.

According to evidence before the court, Mr Scott was drinking at the hotel after work.  There was talk of police being in the area so he gave his keys to the licensee.  Some time later after drinking at least 8 cans of Jack Daniels and cola, he retrieved his keys and rode off on his motorbike.

The court found the hotel had a duty of care to avoid Mr Scott riding home while intoxicated.

A hearing will be held at a later date to determine the damages to be awarded.

What a bullshit case!  I hope the court comes to its senses and determines a level of contributory negligence for Mr Scott of, lets say, 100%, and reduces the damages award accordingly.  Its a ridiculous assertion that its the pub’s responsibility for Mr Scott’s actions.  No-one but he was.  Simple.