Article from: Australian Associated Press
HOTELIERS who sue people who "glass" other patrons might send society a worthwhile message, but they shouldn't count on receiving any damages awarded by a court, says a Brisbane lawyer.
Managers of Brisbane's Chalk Hotel are considering legal action against a 27-year-old man who allegedly threw a glass at a patron on Saturday morning, hitting another man's face and almost causing the loss of an eye.
Compensation law expert Mark O'Connor said he expected other hotels to follow suit, but he warned them that a successful civil compensation suit for loss of business reputation and threatening the safety of patrons could be a hollow victory.
"The sort of people who glass others in bars are generally grubs and they most likely don't have any money, and it's unlikely they would be able to pay up thousands of dollars in compensation," Mr O'Connor said.
"However, it's important for the hotels to send a message that they won't tolerate this sort of behaviour because patron safety, business reputations and livelihoods depend on a safe drinking environment."
A hotel could argue that because of the attacker's actions, the hotel's trade had been affected, staff disrupted and other patrons would be fearful of drinking at the hotel, which would damage goodwill and lead to lost trade, Mr O'Connor said.
"A civil suit against the alleged attacker is a novel move but not nonsensical, and in some ways I'm not surprised because hotels have had a gutful of glassing attacks and want to send a message to patrons," the lawyer said.
The glass thrower in the Chalk Hotel incident is facing criminal charges.
Amid growing concern over the frequency of glassings, the Queensland Government has issued show-cause notices to a number of pubs and clubs asking them to explain why they should not be forced to replace stubbies, cans and glasses with plastic cups.
A parliamentary inquiry is also examining whether earlier closing hours for pubs and clubs would reduce violence.
The police union has recommended a 2am closing time for nightclubs and midnight for suburban pubs.
