Victorian Current Acts

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Consideration of intoxication and illegal activity

    (1)     This section applies to a claim for damages in respect of death or personal injury brought by a person ( the plaintiff ) against another person ( the defendant ) alleging negligence.

    (2)     In determining whether the plaintiff has established a breach of the duty of care owed by the defendant, the court must consider, among other things—

        (a)     whether the plaintiff was intoxicated by alcohol or drugs voluntarily consumed and the level of intoxication;

        (b)     whether the plaintiff was engaged in an illegal activity.

S. 14H inserted by No. 49/2002 s. 5.

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