New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 28

28 Contributory negligence

(1) When damage suffered by a person that gives rise to a liability on the part of the owner of a dog to pay damages under this Division is the result partly of contributory negligence on the part of the person who suffers the damage, the damage is, for the purposes of Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965 , taken to have been suffered as the result partly of a wrong by the owner of the dog and partly of the contributory negligence of the person who suffered the damage.

(2) This section does not affect the operation of Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965 in respect of any liability for damage caused by a dog that arises otherwise than under this Division.