It Was Only A Matter Of Time

[Rog]

The person in question was totally drunk, and was allowed to continue buying alcohol. The same person was also barred from public houses for three months by the courts for a serious assalt in the same pub. So by law the Landlord is responsible for his injuries by allowing him to drink in a pub that he was barred from.

<{POST_SNAPBACK}>

 

Dam right. The licensee should be taken to the cleaners for letting the man get into such a state.

 

Maybe if a few more such cases came to court, and a few really big payouts were made, it would make bar staff be not quite so ready to let customers get so drunk and that would just have to be a step in the right direction.

[Lonan3]

Dam right.  The licensee should be taken to the cleaners for letting the man get into such a state. 

 

Maybe if a few more such cases came to court, and a few really big payouts were made, it would make bar staff be not quite so ready to let customers get so drunk and that would just have to be a step in the right direction.

 

 

Normally I despair of the 'compensation culture' that seems to have flown in from in America on the wings of the politically correct movement but, in this case, if the facts are as stated by Crumlin, I wholeheartedly agree with Rog. Licensees and bar staff should be made aware of their responsibilities. Anyone who puts profit, or even their own convenience (no pun intended) before the safety and wellbeing of their customers and the public at large should be made to answer for it. And if it takes a few high-profile cases to drive that message home, then so be it!

[manxman8180]

What is the status of Health and Safety legislation and e,mployment rights legislation  on The Island at present?  Is it a ‘carbon copy’ of that in the UK – if not they why not?

<{POST_SNAPBACK}>

I believe that new legislation is being drawn up regarding employment rights at present, so I would guess we are a little (!) behind on that one.

 

H&S legislation does tend to follow from the UK, but again, it is often several years later. Whilst this looks bad on the face of it, it does allow for the legislation to be seen in practise, however, and 'tweeked' where necessary.

 

There are many more regulations to follow though, if the UK is anything to go by.

 

Although, if you bear in mind that the main piece of legislation is still the Health & Safety at Work Act dating back to 1974, the law is (mainly) in place. Regulations are brought in to cover slightly more specific activities / risks.

[Declan]

Isn't serving a drunk man who is banned from pubs more a case for the licencing courts than the compensation courts.

 

Doesn't the drunk have some responsibility for his actions.

[Jonty]

Still no-one is giving a thought to the stairs, which have been publicly named and shamed on these forums.

[FCMR]

The Publican has the full responsibilities of his patrons at all time and can and will be prosicuted for serving a person that is drunk. Did this not happen at a pub in Market st, Douglas, when the man died on his vomit

[Rog]

Isn't serving a drunk man who is banned from pubs more a case for the licencing courts than the compensation courts.

 

Doesn't the drunk have some responsibility for his actions.

<{POST_SNAPBACK}>

 

No because the legislation (at least over here) extends to having a duty of care for the general public, as well as it should.

 

If a member of the public is injured, or even exposed to the possibility of injury, then the HSE can –and frequently DO - prosecute.

 

The other point is degrees of blame. There is no call for 100% blame to be established. A person can bear a part of the blame and yet still be awarded compensation but the sum awarded reduced on the basis of the judgement of the court of the extent of the blame that he has.

[happy camper]

Re suing your employer, if you work for the Government and have an accident at work, the only way to get anything from their insurance company is to sue them!

 

PS There is a H&S at Work Act 2004. Virtually identical to the UK one. I hope Manxman isn't an employer, he should have done all his risk assessments and appointed a health and safety officer by now!

[manxman8180]

PS There is a H&S at Work Act 2004. 

<{POST_SNAPBACK}>

With the greatest of respect. No there isn't.

 

The Health and Safety at Work Act (1974) is still the primary Act with regards the Health and Safety Legislation. I believe that this was applied to the Island by Order (maybe in 1977 not sure).

 

On the 1st October 2004, the CDM (Construction, Design & Management) regualtions and the Management Regs came into force on the Island after Tynwald Approval. The CDM regs were 10 years behind the UK and the Management regs a mere 5 years!

 

Regulations are brought in from time to time to deal with sepcific activities or to provide better guidance than the original, somewhat ambiguous, Act.

[happy camper]

Damn my memory! Yes I mean the Management of Health and Safety at Work Regs 2003.

Regulations or not, they still scared my (former) employer into making the workplace a safer place for everyone. So I think they've done their job.

[ccsnet]

Stairs are vital as a defence against a Dalek invasion.

 

Once they can fly we're in real trouble!

<{POST_SNAPBACK}>

 

Daleks can climb stairs. According to my informants.

<{POST_SNAPBACK}>

The new ones defo can and I seem to remember a Sylvester McCoy episode where they could float as well.

 

Personally I perfer the idea of standing at the ground floor, and pressing a button. Instead of a lift arriving the whole floor you want comes down to you..... I know there are some 'flaws' in that thery but it beats 'standing' around and 'stare-ing' at the problem and doing nothing.

 

Sorry - Just been watching Boomerang and still under the Warner Brothers influence lol

 

Terran