Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 305F

Standard of care in relation to contributory negligence

305F Standard of care in relation to contributory negligence

(1) The principles that are applicable in deciding whether a person has breached a duty also apply in deciding whether the worker who sustained an injury has been guilty of contributory negligence in failing to take precautions against the risk of that injury.
(2) For that purpose—
(a) the standard of care required of the person who sustained an injury is that of a reasonable person in the position of that person; and
(b) the matter is to be decided on the basis of what that person knew or ought reasonably to have known at the time.



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