Victorian Current Acts

WRONGS ACT 1958 - SECT 49

In a proceeding relating to liability for negligence—

        (a)     the burden of taking precautions to avoid a risk of harm includes the burden of taking precautions to avoid similar risks of harm for which the person may be responsible; and

        (b)     the fact that a risk of harm could have been avoided by doing something in a different way does not of itself give rise to or affect liability for the way in which the thing was done; and

        (c)     the subsequent taking of action that would (had the action been taken earlier) have avoided a risk of harm does not of itself give rise to or affect liability in respect of the risk and does not of itself constitute an admission of liability in connection with the risk.

S. 50 inserted by No. 102/2003 s. 3.