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Civil Law (Wrongs) Act 2002
27Contributory negligence not defence in relation to death
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27 Contributory negligence not defence in relation to death
(1) If a person has died partly because of the person’s failure to take
reasonable care (contributory negligence) and partly because of
someone else’s wrong, the damages recoverable in an action under
this part for the wrong must not be reduced because of the
contributory negligence.
(2) Subsection (1) has effect subject to part 7.1 (Damages for personal
(a) that gives rise to a liability in tort; or
Mental harm Part 3.2