Hotel not liable for intoxicated patron falling off chair - 27 November 2015

Hotel not liable for intoxicated patron falling off chair - 27 November 2015 On 3 March and 22 July 2015, HopgoodGanim Lawyers published alerts discussing the outcome of cases involving patrons and employees injured at licensed venues whose claims for negligence against the proprietors of those premises were dismissed.

In a further development for operators of hotels and licences clubs, in Schuller v SJ Webb Nominees Pty Ltd (2015) SASCFC (12 November 2015), the South Australian Supreme Court recently upheld a decision of the District Court which found in favour of a hotel sued by a patron who fell off a chair at its premises while intoxicated.

Here, Partner Robert Tidbury and Law Clerk Christopher Pham discuss the decision further.

Facts

The plaintiff visited Port Broughton Sunnyside Motel which was operated by the respondents, and purchased three schooners of beer during the first hour or two. She had also consumed OxyContin, a strong painkiller for her back pain which had the potential to amplify the effect of alcohol.

At one point during the night, the plaintiff got up on a chair and started dancing, but was immediately reprimanded by the bar manager. She again attempted to dance on a chair 35-40 minutes later and was given a 'first and final warning' from the bar...