Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 46

46 Effect of intoxication on duty and standard of care

(1) The following principles apply in relation to the effect that a person’s intoxication has on the duty and standard of care that the person is owed—

(a) in deciding whether a duty of care arises, it is not relevant to consider the possibility or likelihood that a person may be intoxicated or that a person who is intoxicated may be exposed to increased risk because the person’s capacity to exercise reasonable care and skill is impaired as a result of being intoxicated;

(b) a person is not owed a duty of care merely because the person is intoxicated;

(c) the fact that a person is or may be intoxicated does not of itself increase or otherwise affect the standard of care owed to the person.

(2) Subsection (1) does not affect a liability arising out of conduct happening on licensed premises.

(3) In this section—

"licensed premises" see the Liquor Act 1992 , section 4 .