CIVIL LAW (WRONGS) ACT 2002 - SECT 102 Apportionment of liability—contributory negligence

CIVIL LAW (WRONGS) ACT 2002 - SECT 102

    (1)     If a person (the claimant ) suffers damage partly because of the claimant's failure to take reasonable care ( contributory negligence ) and partly because of someone else's wrong—

        (a)     a claim for the damage is not defeated because of the claimant's contributory negligence; and

        (b)     the damages recoverable for the wrong are to be reduced to the extent the court deciding the claim considers just and equitable having regard to the claimant's share in the responsibility for the damage.

    (2)     However, if the claimant suffered personal injury and the wrong was a breach of statutory duty, the damages recoverable by the claimant for the personal injury must not be reduced because of the claimant's contributory negligence.

    (3)     If an Act or contract providing for the limitation of liability applies to the claim, the amount of damages awarded to the claimant because of subsection (1) must not exceed the maximum limit applying to the claim.

    (4)     This section does not defeat any defence arising under a contract.

    (5)     This section has effect subject to part 7.1 (Damages for personal injuries—exclusions and limitations).