Friday, November 17, 2006

Fault.

Remember I blogged a while back about how new legistation says that pubs are to be held responsible if they serve a drunk person booze? remember I said it would be difficult to police considering that some people don't look drunk when they are, and others might not be drunk at all and still be refused? Remember when I got thick about the idea that someone might refuse me a drink? Remember? Nanny State? Personal Responsibility out the window? Remember? Well come with me through the magic door...(bloody Kav)
....
FATHER-of-four, William Nash (43) died after allegedly drinking 18 brandies in a competition with a friend in a pub.

Yesterday, his family settled a High Court action against the pub owner for €100,000.

Builders' labourer William Nash (43) was with a friend when he allegedly imbibed the shots of brandy at The White Horse Inn, Main Street, Mountrath, Co Laois. Mr Nash's friend was the first to fall down, a lawyer told the High Court, and Mr Nash fell down then and died later that evening in hospital.
The men, said Declan Doyle, SC, had gone for a few drinks after work on August 28, 1999 and started a drinking competition about who could down the most brandy after drinking a few pint of beer.
Noting the settlement and approving the payment in court of €15,000 for Mr Nash's youngest son, Kelvin (11), Justice Philip O'Sullivan expressed his deep sympathy to the Nash family "in this particularly tragic case".

Mr Nash's widow, Diane, of Kennedy Park, Roscrea, Co Tipperary, had sued Anne Fitzpatrick, the owner of the The White Horse Inn.

It was claimed that Mr Nash, with the alleged knowledge and implied consent of Anne Fitzpatrick, then engaged in a competition to see who could drink the most brandy.

It was alleged Mr Nash and his colleague were served about 18 brandies each within the space of 90 minutes.

It was alleged that at 5.l5pm on August 28, 1999, Mr Nash's colleague collapsed and that shortly afterwards Mr Nash became ill. Both were taken to Portlaoise Hospital, where Mr Nash was pronounced dead at 6.35pm. Mr Nash, it was alleged, died from aspiration of vomit due to alcohol intoxication.

Mrs Nash claimed that the pub owner was negligent in serving and continuing to serve alcohol to Mr Nash to the extent which they knew, or ought to have known, would cause serious damage to his health and render probable his death.

It was also alleged the pub owner was negligent in failing to intervene in the drinking competition.

Mr Nash, it was claimed, was a loving husband and father and his wife and children had all suffered great mental distress as a result of his untimely death.

Ms Fitzpatrick denied Mr Nash was served 18 brandies in 90 minutes, or at all. It was also denied that Mr Nash, with the alleged knowledge or implied consent of Ms Fitzpatrick, engaged in a competition to determine who could drink the most brandy.

Counsel for Mrs Nash, Declan Doyle, told the court that the case had been settled out of court for €100,000 and costs.

Mr Doyle said the action against the pub was quite an unusual one and, if it had proceeded, would have been a test case in the jurisdiction.

Mr Justice O'Sullivan said it was clearly a high-risk form of litigation and a first for the country.

If it had gone ahead and if Mrs Nash had succeeded in the action, there would have had to be a finding of a very high degree of contributory negligence, the judge said. "

This kind of thing bugs the absolute crap out of me, it really does. Leaving aside the pain and grief the loss to the family must be, William Nash was the rider on a horse called Stupidity.
He was 43, not18 or 21. He was a grown man with a family of four, he was not mentally hadicapped in any way shape of form. Ergo we have to suppose he might have known that drnking 18 brandies in 90 minutes after consuming pints of beer could have a dangerous or possibly fatal effect on his person.
Right, in this case the pub probably should have called a halt to the stupidity too, but really, if a 43 year old man wants to drink himself into a grave, is it their job to stop him?
Would we be reading this today if Nash had gone on a pub crawl? Drinking one or two brandies per bar? Who would have been responsible then? All the pubs? The last one? The one before that?
There is no accounting for the stupidity of folk, and I include myself in that sweep of the tar brush. WE all do daft things from time to time, but really, in this sodding day and age, it's getting to the point when it's NEVER our own fault.
I"m going to start looking into setting up an agency where folk who might do something stupid can hire somebody per day to wag a finger at them and say 'ah aah ah!" Because clearly that is what is required. I mean, that way we can always blame someone else when we go right ahead and act like an idiot-despite warnings.
I'm going to call it CULPA.

11 Comments:

Anonymous Anonymous said...

I have a big long rant in my head and not enough time to write it, but the jist of it is: a hell of alot of society's problems these days seem to stem from lack of personal responsibility and accountability for one's actions. I see it in young lads over here all the time - they do what they like, when they like, and nothing scares them because there are no (significant) repercussions for their actions. Blair's waffling on about respect the whole time while the country's going down the fucking toilet. He needs to bring back the rod.

11:53 a.m.  
Blogger fatmammycat said...

We're turniing into a cuntry of hand wringers and sue happy clappers. Ther are no accidents any more, no stupid behaviours, only finger pointing and blamers. It makes me fume.

11:59 a.m.  
Blogger fatmammycat said...

Sweet Jesus, I typed that last comment while playing peep toes with Puddy. I know I am a terrible typist at the best of times, but really...

12:01 p.m.  
Blogger Greg Finnegan said...

It is sad indeed. I doubt he had the number "18" in mind when he started. Rather, the goal was "the other guy plus one". He's as surprised as any that it got to 18, I am sure.

The important thing is that he won.

No, scratch that.

3:58 p.m.  
Blogger Spongebopp said...

18 brandies?!
Fucking wimp....

E.

4:19 p.m.  
Blogger Kim Ayres said...

If it wasn't for the fact that he'd already got kids, he'd have been a contender for the Darwin Awards

5:10 p.m.  
Blogger fatmammycat said...

Many MANY years ago two lads from the local school* got their filthy hand on one of their parents' booze collection while the parents -who were idiots to trust 16 year olds- were sunning themselves abroad.
One of the lads, a rugby playing thick headed oik of the highest order and his equally thick headed, non rugby playing friend took it upon themselves to play cards, and whoever lost a hand had to gulp back a shot of whatever the parents' cabinet provided, which in this case was a pretty ancient bottle of gin, Grand Marnier, Paddy's whiskey, Malibu, and something else, some bottle of stuff that the father had been given as a joke or a prize or some shit. I think it was from Papua New Guinea. I heard it was green.
Oh what larks, oh what fun, right up until the moment thick head rugby stood up and turned around and crashed straight through Non rugby thick-head's mammy's sliding door, cutting his face to ribbons and then puking green all over the floor, landing and two of the bedrooms upstairs and leaving blood all over the place. Non rugby thick head wasn't much better and it was up to two other total eegits to stage a cover up, pretending that thick one and two were staying at alternative houses until their skin lost the green and they stopped vomiting up saliva.
And you know the worst part about it? Despite almost dying from alcohol poisoning they were up for it again not two weeks later.
* Christian Brothers.

5:32 p.m.  
Blogger Fat Sparrow said...

"Mr Nash, it was claimed, was a loving husband and father"

Which is, I am sure, why he was at a pub getting completely fucking shitfaced, instead of being home with the old ball and chain and the screaming offspring.

10:49 a.m.  
Blogger P1P said...

It seems the uk and ireland are slowly becoming americanised. We allow thier junk food to turn our kids into fat fucks and now we are allowing people to sue for being fucking stupid.

He drank himself to death. If the publican had poured another brandy down his throat when he was unconscious fair enough. As soon as he was on the floor they stopped serving him.

I am getting a bit sick of it. If you kill yourself by being a fuck you shouldn't get a penny. There rest of us should just be relieved that the average IQ of the planet went up slightly

2:21 p.m.  
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