(1) For determining
whether a person (the "defendant") was negligent, the standard of care
required of the defendant is that of a reasonable person in the defendant's
position who was in possession of all information that the defendant either
had, or ought reasonably to have had, at the time of the incident out of which
the harm arose.
(2) The reasonable
person in the defendant's position will be taken to be sober unless—
(a) the
defendant was intoxicated; and
(b) the
intoxication was wholly attributable to the use of drugs in accordance with
the prescription or instructions of a medical practitioner; and
(c) the
defendant was complying with the instructions and recommendations of the
medical practitioner and the manufacturer of the drugs as to what he or she
should do, or avoid doing, while under the influence of the drugs,
and, in that event, the reasonable person will be taken to be intoxicated to
the same extent as the defendant.