Northern Territory Consolidated Acts Northern Territory Consolidated Acts15. Presumption if reliance on intoxicated person
(1) In a proceeding, there is a presumption of contributory negligence if -
(a) at the time of the incident alleged to have caused the personal injury to which the proceeding relates, the injured person -
(i) had attained 16 years of age;
(ii) relied on the care and skill of another person who was intoxicated; and
(iii) was aware, or ought to have been aware, that the other person was intoxicated;
(b) the injury was caused by the negligence of the other person; and
(c) the respondent alleges the contributory negligence of the injured person.
(2) The presumption of contributory negligence is rebutted only if the claimant establishes on the balance of probabilities -
(a) that the other person's intoxication did not materially contribute to the incident; or
(b) that the injured person could not reasonably be expected to have avoided the risk that caused the injury.