95Presumption of contributory negligence—injured person

95 Presumption of contributory negligence—injured person intoxicated (1) Contributory negligence must be presumed if— (a) the injured person was— (i) at least 16 years old at the time of the accident; and (ii) intoxicated at the time of the accident; and (b) the defendant claims contributory negligence. (2) The presumption can be rebutted only if the injured person establishes, on the balance of probabilities, that— (a) the intoxication did not contribute to the accident; or (b) the intoxication was not self-induced. (3) If the presumption is not rebutted, the damages the injured person