Queensland Consolidated Acts
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CIVIL LIABILITY ACT 2003 - SECT 47
Presumption of contributory negligence if person who suffers harm is intoxicated
47 Presumption of contributory negligence if person who suffers harm is
(1) This section applies if a person who suffered harm was intoxicated at the
time of the breach of duty giving rise to a claim for damages and contributory
negligence is alleged by the defendant.
(2) Contributory negligence will,
subject to this section, be presumed.
(3) The person may only rebut the
presumption by establishing on the balance of probabilities—
(a) that the
intoxication did not contribute to the breach of duty; or
(b) that the
intoxication was not self-induced.
(4) Unless the person rebuts the
presumption of contributory negligence, the court must assess damages on the
basis that the damages to which the person would be entitled in the absence of
contributory negligence are to be reduced, on account of contributory
negligence, by 25% or a greater percentage decided by the court to be
appropriate in the circumstances of the case.
(5) If, in the case of a motor
vehicle accident, the person who suffered harm was the driver of a motor
vehicle involved in the accident and the evidence establishes—
(a) that the
concentration of alcohol in the driver’s blood was 150mg or more of alcohol
in 100mL of blood; or
(b) that the driver was so much under the influence of
alcohol or a drug as to be incapable of exercising effective control of the
vehicle; the minimum reduction prescribed by subsection (4) is increased to
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