Queensland Consolidated Acts

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CIVIL LIABILITY ACT 2003 - SECT 46

Effect of intoxication on duty and standard of care

46 Effect of intoxication on duty and standard of care

(1) The following principles apply in relation to the effect that a person’s intoxication has on the duty and standard of care that the person is owed—
(a) in deciding whether a duty of care arises, it is not relevant to consider the possibility or likelihood that a person may be intoxicated or that a person who is intoxicated may be exposed to increased risk because the person’s capacity to exercise reasonable care and skill is impaired as a result of being intoxicated;
(b) a person is not owed a duty of care merely because the person is intoxicated;
(c) the fact that a person is or may be intoxicated does not of itself increase or otherwise affect the standard of care owed to the person.
(2) Subsection (1) does not affect a liability arising out of conduct happening on licensed premises.
(3) In this section—

"licensed premises" see the Liquor Act 1992 , section 4 .



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