CIVIL LIABILITY ACT 2002 - SECT 5K

CIVIL LIABILITY ACT 2002 - SECT 5K

5K .         Standard of contributory negligence

        (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: No. 58 of 2003 s. 8.]