96Presumption of contributory negligence—injured person

96 Presumption of contributory negligence—injured person relying on intoxicated person (1) Contributory negligence must be presumed if— (a) the injured person— (i) was at least 16 years old at the time of the accident; and (ii) relied on the care and skill of a person (A) who was intoxicated at the time of the accident; and (iii) knew, or ought to have known, that A was intoxicated; and (b) the accident was caused by A’s negligence; and (c) the defendant claims contributory negligence by the injured (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 injured person could not reasonably be expected to have avoided the risk. (3) If the presumption is not rebutted, the damages the injured person (4) For this section, a passenger in a motor vehicle is taken to rely on the care and skill of the driver. (5) The common law defence of voluntary assumption of risk does not apply to a matter to which this section applies.