Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 14G

Consideration of intoxication and illegal activity

14G. Consideration of intoxication and illegal activity



(1) This section applies to a claim for damages in respect of death or
personal injury brought by a person (the plaintiff) against another person
(the defendant) alleging negligence.

(2) In determining whether the plaintiff has established a breach of the duty
of care owed by the defendant, the court must consider, among other things-

   (a)  whether the plaintiff was intoxicated by alcohol or drugs voluntarily
        consumed and the level of intoxication;

   (b)  whether the plaintiff was engaged in an illegal activity.