49Effect of intoxication on duty and standard of care

#### 49 Effect of intoxication on duty and standard of care 49 Effect of intoxication on duty and standard of care > > (1) The following principles apply in connection with the effect that a person’s intoxication has on the duty and standard of care that the person is owed— > > > > > (a) in determining whether a duty of care arises, it is not relevant to consider the possibility or likelihood that a person may be intoxicated or that a person who is intoxicated may be exposed to increased risk because the person’s capacity to exercise reasonable care and skill is impaired as a result of being intoxicated, > > > > > (b) a person is not owed a duty of care merely because the person is intoxicated, > > > > > (c) the fact that a person is or may be intoxicated does not of itself increase or otherwise affect the standard of care owed to the person. > > > (2) This section applies in place of a provision of section 74 of the [Motor Accidents Act 1988](/view/html/inforce/current/act-1988-102) or section 138 of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) to the extent of any inconsistency between this section and the provision. > > **pt 6 (ss 47–50):** Ins 2002 No 92, Sch 1 \[5\].