Northern Territory Consolidated Acts

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PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT - SECT 14

Presumption if injured person intoxicated

14. Presumption if injured person intoxicated

(1) In a proceeding, there is a presumption of contributory negligence if -

(a) the injured person was intoxicated at the time of the incident alleged to have caused the personal injury to which the proceeding relates; and

(b) the respondent alleges contributory negligence.

(2) The presumption of contributory negligence is rebutted if the claimant establishes on the balance of probabilities that the injured person's intoxication -

(a) did not materially contribute to the incident; or

(b) was involuntary.



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