Tuesday, November 10, 2009

Who is responsible?

In January 2002 you get drunk.

The publican takes your keys.

You get your keys back.

You ride your bike.

You prang your bike and die.

Your wife sues the publican.

First, the suit is dismissed by the Supreme Court in 2007.

Then, in the Supreme Court, your wife wins.

The High Court says "F'off, you've got to be kidding us!"

Publican wins.


RebeccaH said...

We have the same idiot mindset here in the US, the most famous example being the woman who sued MacDonald's and won because she spilled hot coffee on herself. Now every MacDonald's has a sign warning all of us that their coffee is hot. There's just no such thing as personal responsibility anymore.

Kaboom said...

As a Bush Lawyer, I think it important for any injured party, no matter whose fault the injury arises from (even if it were their own stupid fault), to sue the most "insured" prospective defendant.

The Left-wing judicial appointees today always want to "stick it to the man", and ten to go against the insured party.

However, because of the cloak of invisibility around whether a "defendant" is an insurance company, or otherwise just a normal person, "sticking it to the man" has certain unintended consequences.

Mine Host said...

I've been on, and continue to be on, the receiving end of this sort of legal shakedown. I am VERY pleased with this decision.

After some consultation with insurers today, it seems that due to this decision a current case against me just got a whole lot more difficult for the claimant.

kae said...

Yes, it drives me nuts that someone who gets drunk and does something stupid and is injured or killed seems to be able to blame someone else, the publican, the barman/maid... it's just plain wrong.

I think it's a symptom of society and the degeneration of society.

I am furious that the speed limits in The Valley (a Brisbane city area) have been reduced to 40kph - I think - because of the number of inebrated idiots who stagger onto the road in front of oncoming traffic, oblivious to the danger. Yeah, don't stop the drunks, slow down the cars.

Mine Host, did you mention your problem suit in one of your earlier blogs?

If you get in a car drunk and drive and have an accident the coppers will book you. Not the publican, not your mate up the road whose place you got pissed at. You. That's the way it should be.

kae said...

Mine Host, did you read the Aus this weekend? The letters section, one in particular from a Professor of Health at UQ regarding the drunk driver cyclist case.