Does a venue owe you a duty of care if you've had too much to drink?

In Cole v South Tweed Rugby League Football Club, the High Court of Australia considered whether a hotel owed a duty of care to a visibly intoxicated patron.

Rosellie Cole had been drinking at the Rugby Club and became severely intoxicated. Staff offered her a lift home, which she declined. Later, after leaving the premises, she was struck by a car while walking along the highway.

Cole sued the club for negligence, arguing that it should not have served her so much alcohol and should have taken steps to prevent her from leaving while drunk. The trial court initially found in her favour, awarding damages, but this was overturned on appeal.

The High Court held that while licensed venues must take reasonable steps to avoid harm, adults also bear personal responsibility. The majority ruled the club was not liable, as it had taken reasonable steps, including offering her a lift home.

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Heartbreaking was the only word that could be used to describe the death of a 10-month-old baby in Perth. What was less clear cut is the question that was posed to the judge - was the baby boy’s death an accident, or was he murdered by his father?

Judith Fordham has been lauded as one of Western Australia’s most high-profile criminal lawyers, but her dual expertise in law and forensics sets her apart from her colleagues. In this episode with former Crime Insider Forensics host, Kathryn Fox, hear about one of the most divisive areas in both forensic science and the law - "shaken baby syndrome".

This episode references child abuse and infant loss. If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732, text 0458 737 732 or visit 1800RESPECT.org.au for online chat and video call services. For support relating to infant loss, contact Red Nose Grief and Loss on 1300 308 307 or visit rednosegriefandloss.org.au.

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Dr Terry Goldsworthy is a criminologist, former detective inspector, academic, and one of Australia's most respected voices on criminal behaviour.

With over two decades in law enforcement and a deep academic grounding in forensic criminology, Dr Goldsworthy brings a rare dual lens to the world of crime — blending frontline experience with sharp, evidence-based insight.

In this episode of Crime Insiders | Detectives, Brent Sanders takes a deep dive on a gruesome steelyard and we learn if evil is always a factor playing in the mind of criminals.

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