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.
So true. All this risk shifting in society makes me puke. How about just taking responsibility for your own actions as you say.
If he hadn’t given his keys to the publican in the first place, I doubt there would be any charges to answer, but by doing so he placed his trust in the sober publican to make a judgement call and he was let down.
I agree he got himself pissed and crashed all on his lonesome but to continue to serve a customer who was obviously over the limit and then to hand his keys back to him was negligent.
Would you give your friend his car keys after he’d had more than a skinful of grog?
No, and neither should have the publican.
I just KNEW there’d be a comment like
The one from little miss jaynee, oh I’m so farking perfect and politically correct. BS. Take responsibility
When are u farkers going to stop being babies, and homw BOGAN and
TASTELESS to sue in that situation. Pathetic.
I agree that it is the drunk drivers fault. I have absolutely no sympathy for idiots that drive drunk.
But then again I agree that the publican should not have handed BACK the keys to an obviously drunk man.
Ok so now it seems its the publicans job to serve, take keys away from people and clean up all the drunk peoples vomit. He drank, de drove he killed himself end of story, I feel sorry for the wife and all but he done it to himself and I hope the wife is footed with the court bill as well.
I am not a heartless bitch I just think you do the crime you do the time it just happens his time was his life!
I have no sympathy for drink drivers and as someone commented above, even if the bartender gave back the keys ask this, if your going to a bar to drink why the fuck you driving there in the first place?
Dear Tiddles
Remind me not to visit Tasmaina. We don’t have publicans here in Florida, just pelicans. What kind of bird is that anyway?
As far as drink drivers goes, we don’t have those either, they are called DWI operators and the government made a profitable business out of the problem of alcohol intoxification. The fines are outrageous and more people are dying at an alarming rate as a result. It only generates money to fuel the endless cycle of the business of addiction.
With respect to as if you are a heartless bitch or not you would have to be willing to show me your Bristols before I could give you a diagnosis on your condition. By the way, the bar is a contributing factor in the cause of death. Over serving an obviously intoxicated person is reason enough to recall the Pubs’ license, if they are actually used in that Land That Time Forgot you live in.
The reason to drive to the bar to get a drink is so you don’t get run over by a drunk driver while you are walking home! Put on a glove and get in the game here sweetie!
Jeez, so a guy gets drunk and rides a motorcycle. And then it’s the hotels fault? It’s ridiculous.
Oh man. I feel like I’m in US. You spill your coffee and can get millions because you don’t have “might be hot” on your mug. You get fat eating BigMacs – you sue them and win!
Maybe we should sue judges for idiocy…