South Australian Consolidated Acts

CIVIL LIABILITY ACT 1936 - SECT 31

31—Standard of care

        (1)         For determining whether a person (the "defendant") was negligent, the standard of care required of the defendant is that of a reasonable person in the defendant's position who was in possession of all information that the defendant either had, or ought reasonably to have had, at the time of the incident out of which the harm arose.

        (2)         The reasonable person in the defendant's position will be taken to be sober unless—

            (a)         the defendant was intoxicated; and

            (b)         the intoxication was wholly attributable to the use of drugs in accordance with the prescription or instructions of a medical practitioner; and

            (c)         the defendant was complying with the instructions and recommendations of the medical practitioner and the manufacturer of the drugs as to what he or she should do, or avoid doing, while under the influence of the drugs,

and, in that event, the reasonable person will be taken to be intoxicated to the same extent as the defendant.