5RStandard of contributory negligence

#### 5R Standard of contributory negligence 5R Standard of contributory negligence > > (1) The principles that are applicable in determining whether a person has been negligent 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. > > **pt 1A, divs 5–8 (ss 5J–5T):** Ins 2002 No 92, Sch 1 \[1\].