Quote:
Originally Posted by rangitata  Its a slow process but "survival of fittest" will win in the end.
Its amazing how people don't think they are responsible for their own actions.
Like the bloke in Brisbane who when blind drunk got hit by a car when crossing the road, sued the pub for serving him beer and the car for being on the road whilst he was.
Where is the reverse gear when you need it. |
I'm sure that's the Chevron Hotel case from the Gold Coast approx 1990 to 2000 era and was the catalyst for new laws pertaining to serving drunks and the escalated insurance premium years.
That case turned out a fraud.
Insurance Law - July 2000 Liability on tap a bitter brew fro publicans Quote:
| Queensland Court of Appeal
The Court of Appeal found that much of the plaintiff?s evidence (as to his being in the Hotel and his becoming hopelessly drunk at that venue, before the accident) was fraudulent
The Court found that the plaintiff had paid witnesses to give false evidence. The Court ordered that the Supreme Court judgment be set aside and directed that a new trial be held. Critically however, the Court of Appeal did not challenge the Supreme Court?s decision on the ambit of the publican?s duty.
3 Johns v. Cosgrove, op-cit, at 114 per Derrington J
4 Cosgrove v Johns unreported decision of Supreme Court of Queensland Court of Appeal, No. 453 of 1998, Dejersey CJ McMurdo J and Thomas JA, 5 May 2000 at paragraph 78 per Thomas JA
Accordingly, the principles laid down by Mr Justice Derrington, regarding an alcohol server?s liability for damage suffered inside and outside the premises, as a result of the continued service of alcohol to an intoxicated patron, remain good law in Queensland. The 1997 Cosgrove decision is also ??consistent with the dramatic expansion of alcohol-related liability litigation in North America?.
|
And just for piece of mind some more reading.
http://www.liquor.qld.gov.au/_Docume...+June+2000.pdf