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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