South Australian Current Acts

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CIVIL LIABILITY ACT 1936 - SECT 49

49—Non-wearing of seatbelt etc

        (1)         If the injured person was injured in a motor accident, was of or above the age of 16 years at the time of the accident and—

            (a)         the injured person was not, at the time of the accident, wearing a seatbelt as required under the Road Traffic Act 1961 ; or

            (b)         one of the following factors contributed to the accident or the extent of the injury:

                  (i)         the injured person was not wearing a safety helmet as required under the Road Traffic Act 1961 ;

                  (ii)         the injured person was a passenger in or on a motor vehicle with a passenger compartment but was not in the passenger compartment at the time of the accident,

contributory negligence will, subject to this section, be presumed.

        (2)         Subject to the following exception, the presumption is irrebutable.

Exception—

In the case mentioned in subsection (1)(b)(ii)—the injured person may rebut the presumption by establishing, on the balance of probabilities, that the injured person could not reasonably be expected to have avoided the risk.

        (3)         In a case in which contributory negligence is to be presumed under this section, the court must apply a fixed statutory reduction of 25 per cent in the assessment of damages.



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