MOTOR ACCIDENTS ACT 1988 - SECT 76
Defence of voluntary assumption of risk
MOTOR ACCIDENTS ACT 1988 - SECT 76
Defence of voluntary assumption of risk
76 Defence of voluntary assumption of risk
(1) Except as provided by subsection (2), the defence of volenti non fit
injuria is not available in proceedings for damages arising from a
motor accident but, where that defence would otherwise have been available,
the amount of any damages shall be reduced to such extent as is just and
equitable on the presumption that the injured person or deceased person was
negligent in failing to take sufficient care for his or her own safety.
(2)
If a motor accident occurs while a motor vehicle is engaged in motor racing,
the defence of volenti non fit injuria is available in proceedings for damages
brought in respect of the death of or injury to:
(b) a passenger in the vehicle so engaged, other than a
passenger who is less than 18 years of age or who otherwise lacked capacity to
consent to be a voluntary passenger.