Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 30 November 2019.

On Melbourne Cup day in 2015, Sarah spent the day celebrating and drinking with her friends at her local pub. By about 3pm, Sarah was so intoxicated that she was refused service at the bar. Despite her embarrassment, Sarah remained on the premises until about 5pm that evening.

The pub offered to call Sarah a taxi and gives her the option to use the pub’s courtesy bus. However, Sarah declined the pub’s offer and told them her friend would drive her home. At approximately 5:15 pm, Sarah walked out of the pub and proceeded to walk home by herself, despite advising the pub owner she was being transported by a friend. At approximately 5:20pm, while crossing a nearby road, Sarah was hit by a motor vehicle. Sarah suffered serious bodily injury as a result of the incident.

Sarah commenced proceedings in the Supreme Court against the pub for negligence. She alleged the pub was negligent in allowing her to walk home in an intoxicated state and that they owed her a duty to ensure she arrived home safely. In their defence, the pub argued they did not owe Sarah a duty of care outside of their premises and that they had discharged their duty by ceasing to serve alcohol to her at 3pm and offering a courtesy bus.

The Supreme Court held that the pub was negligent, although deemed Sarah to have been contributorily negligent by 40%.

The pub appealed to the NSW Court of Appeal, who overturned the Supreme Court’s finding and held the pub was not liable.

Sarah appealed this decision to the High Court.  

The High Court held that imposing a duty on the pub to protect consumers against a risk of injury attributable to alcohol consumption outside of the premises involved “burdensome practical consequences” and found that the pub did not breach their duty as they took reasonable steps to ensure the availability of safe transport. For these reasons, Sarah’s appeal was ultimately unsuccessful.

If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.