JUDGEMENTS | Is the law on your side if you have too much to drink?
Crime Insiders · LiSTNR
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Show Notes
Does a venue owe you a duty of care if you've had too much to drink?
In Cole v South Tweed Rugby League Football Club, the High Court of Australia considered whether a hotel owed a duty of care to a visibly intoxicated patron.
Rosellie Cole had been drinking at the Rugby Club and became severely intoxicated. Staff offered her a lift home, which she declined. Later, after leaving the premises, she was struck by a car while walking along the highway.
Cole sued the club for negligence, arguing that it should not have served her so much alcohol and should have taken steps to prevent her from leaving while drunk. The trial court initially found in her favour, awarding damages, but this was overturned on appeal.
The High Court held that while licensed venues must take reasonable steps to avoid harm, adults also bear personal responsibility. The majority ruled the club was not liable, as it had taken reasonable steps, including offering her a lift home.
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