The appellant suffered a severe brain injury after being assaulted by an intoxicated patron outside a pub.
He sued the patron and the pub, relying on the civil liability provisions of s. 39 of the Liquor Licence Act.
At trial, the jury found the patron 100% responsible and dismissed the claim against the pub.
On appeal, the appellant argued the trial judge misdirected the jury by instructing them that liability under s. 39 requires reasonable foreseeability of harm.
The Court of Appeal dismissed the appeal, holding that s. 39 requires a risk assessment and is breached only if a patron is over-served to the point where it is reasonably foreseeable they might injure another person.
