Western Australian Consolidated Acts Western Australian Consolidated Acts (1)
The principles that are applicable in determining whether a person is
liable for harm caused by the fault of the person also apply in determining
whether the person who suffered harm has been contributorily negligent in
failing to take precautions against the risk of that harm.
(2) For that
purpose —
(a) the
standard of care required of the person who suffered harm is that of a
reasonable person in the position of that person; and
(b) the
matter is to be determined on the basis of what that person knew or ought to
have known at the time.
[Section 5K inserted by No. 58 of 2003
s. 8.]