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Common Sense, So Fukn rare its a superpower!

Discussion in 'The Pub' started by brownyy, Nov 11, 2009.

  1. News Link.

    Since public liability and protecting idiots from themselves, Darwin's Theory of Evolution has been crushed, but is it making a come back?

  2. Ye F#$king Hey.
    Now we just need it to be ruled that any Stupid prick who steps out onto the road without looking is responsible for there actions, not the 1+ ton noisy machine that was already obviously moving to that direction. After that is done we can remove half of the damned 40 & 50 zones (Yeah keep em around primary schools I’m up with that) and people can just learn to look after themselves…

    O.K. I’ll stop dreaming now.
  3. Wow, the only sensible action I've heard of in Australian legislature/politics in a long time.
  4. What mystifies me is how did the fellow get drunk in the first place? I mean to say, the liquor licensing laws specifically state that they cannot serve alcohol to intoxicated persons. Which means that patrons should not be able to get pissed in the first place.

    But they do. And this case, one did. So, how does that gel with the HC decision?
  5. 1) The decision allows for the subjective nature of intoxication - some people get loud, some people go to sleep, some people stumpble around, some people appear perfectly normal but are WELL too far gone to drive legally.

    2) If the gentleman was intoxicated such that the publican had failed to obey the liquor licensing act in serving him; yes it opens the publican to a fine or loss of liquor license.

    3) It draws a distinction between disobeying the act, and failing to uphold their civic duty of care which would otherwise leave them open to being sued... essentially for causing the death of some idiot who got pissed and fell over.
  6. About time.

    FL: I share your dream.

    Bonk for President!!
  7. Thank fvck for that, bout time the laws shifted to personal responsibility rather than blaming everyone else, which seems to be prevelant these days. "I spilt coffee on myself, I'm going to sue McDonalds for serving the coffee 5C to hot" - oh I'm sorry, did YOU spill it ON YOURSELF?
  8. Brownyyyyy, why did you tag this thread with "boobs" before "common sense"? Got something on your mind? :p

    Also, this is a win. Honestly, you can't just get plastered and then expect to not be absolved of everything that happens because of your state of inebriation. Step up and take responsibility for your actions, you pansys.
  9. Now that the HC has handed down this decision, will it also apply to cases where diminished responsibility is used as a defence? For example, someone on drugs who beats someone to an inch of their life, or other violence related offences where drugs are involved?

    Or is it simply related to drink driving matters?

  10. I couldn't think of 5 tags and didn't want to waste them...

    Exactly, getting hammered with your mates at a house party just screams out "I'm interested in a mo-hawk these days"...

    Back to this booze and serving responsibilities, I did an RSA (responsible service of booze) and was shocked to learn at how much the responsibility is on the person serving the drink. I couldn't believe that if I served you 4 beers (lets say your a total cadbury) and didn't ensure you had a way of getting home and helped you into a taxi, I was at fault...!!! WTF people!!!

    While I do agree staff shouldn't serve to totally wasted people if they can clearly tell, they should be held responsible to ensure they are heading home safely, not driving, ra-dah-ra-dah-ra-dah... Their job is to serve the booze, not play the soba mate to everyone in the bar...

    I'd like to see more common sense cases like this win but in other areas besides alcohol consumption, such as public liability cases, fukhead diving into the 3inch water in sydney, people stepping in out in front of flying lumps of metal, people who can't watch what they walk on, etc etc...

    ..but I may be dreaming.