Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 47

47 Presumption of contributory negligence if person who suffers harm is intoxicated

(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 50%.