(1) This section
applies when it is established that the person whose harm is the subject of
proceedings for the recovery of damages for that harm was intoxicated at the
time of the act or omission that caused the harm.
(2) This section does
not apply in a case where the court is satisfied that the intoxication was not
self-induced.
(3) If this section
applies, it is to be presumed that the person was contributorily negligent
unless the plaintiff establishes, on the balance of probabilities, that the
person’s intoxication did not contribute in any way to the cause of the
harm.
(4) In this section
—
intoxicated means affected by alcohol or a drug or
other substance capable of intoxicating a person to such an extent that the
person’s capacity to exercise reasonable care and skill is impaired.
[Section 5L inserted: No. 58 of 2003 s. 8.]
[Heading inserted: No. 58 of 2003 s. 8.]