Pub's duty of care to intoxicated patron who injures self?

Danleo171

Hello all,
I'm writing an essay on tort law in a situation like this where an intoxicated patron spills a drink while being told to leave a pub and slips and injures himself, i must find the liability of the pub but I am having trouble finding cases to cite for this situation, if anyone could point me in the right direction I would be grateful.
Thanks.

whomitconcerns

Ah I wish when I studied law I could have just asked others to do my research for me

Danleo171

I'm not a law student but I have hospitality law as a module in my course and i don't have a clue how to find similar cases, google searches haven't returned much for Ireland, I don't even mind if someone just gives help on HOW to find them.

Robbo

Danleo171 wrote: »

I'm not a law student but I have hospitality law as a module in my course and i don't have a clue how to find similar cases, google searches haven't returned much for Ireland, I don't even mind if someone just gives help on HOW to find them.

Does your educational institute provide access to legal resources like Justis or Westlaw?

Danleo171

Robbo wrote: »

Does your educational institute provide access to legal resources like Justis or Westlaw?

No unfortunately not, I haven't been given much on how to find cases

Robbo

Danleo171 wrote: »

No unfortunately not, I haven't been given much on how to find cases

Many public libraries have a reasonable selection of legal texts. The two that would be most helpful here are "The Law of Torts" by McMahon & Binchy and "The Law of Personal Injuries" by Jennings, Scannell & Sheehan.

If you don't have access to a legal resource, I'd suggest looking at the publically available judgments on the Courts Service Website. These are also available in a slightly more searchable manner on Bailii.

There are a number of Statutes that govern this area as well. Off the top of my head:

1. Occupiers Liability Act, 1995
2. Civil Liability Acy, 1961
3. Personal Injuries Assessment Board Act, 2003

If the bar is attached to a hotel, the Hotel Proprietors Act, 1963 may come into play.

Danleo171

Robbo wrote: »

Many public libraries have a reasonable selection of legal texts. The two that would be most helpful here are "The Law of Torts" by McMahon & Binchy and "The Law of Personal Injuries" by Jennings, Scannell & Sheehan.

If you don't have access to a legal resource, I'd suggest looking at the publically available judgments on the Courts Service Website. These are also available in a slightly more searchable manner on Bailii.

There are a number of Statutes that govern this area as well. Off the top of my head:

1. Occupiers Liability Act, 1995
2. Civil Liability Acy, 1961
3. Personal Injuries Assessment Board Act, 2003

If the bar is attached to a hotel, the Hotel Proprietors Act, 1963 may come into play.

Thank you for that, ill look into those

Victor

Is it legal to be drunk in a pub is a question that should be addressed at least briefly.

Mr. Incognito

There is a Canadian case where a pub was held liable for a person who drunk drove from their premises.

there is a LOT of case law on patrons slipping in pubs.

I'd read those judgments and look at contributory negligence.

www.courts.ie has a few recent ones especially where an intoxicated lady was held liable.

http://www.irishtimes.com/news/crime-and-law/courts/high-court/woman-who-broke-ankle-in-fall-at-pub-loses-court-action-1.3041082