Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 49

49 Additional presumption for motor vehicle accident

(1) This section applies to a plaintiff and defendant mentioned in section 48 .

(2) If—

(a) the breach of duty giving rise to the harm suffered by the plaintiff was a motor vehicle accident; and

(b) the plaintiff was a passenger in the motor vehicle; and

(c) the motor vehicle was driven by the defendant; and

(d) either—

(i) the concentration of alcohol in the defendant’s blood was 150mg or more of alcohol in 100mL of blood; or

(ii) the defendant 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 section 48 (4) is increased to 50%.

(3) The plaintiff is taken, for this section, to rely on the care and skill of the defendant.