Western Australian Current Acts

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CIVIL LIABILITY ACT 2002 - SECT 5L

5L .         Presumption if person who suffers harm is intoxicated

        (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.]



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