QLDIn ForceAct
Civil Liability Act 2003
sec.23Standard of care in relation to contributory negligence
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### sec.23 Standard of care in relation to contributory negligence
The principles that are applicable in deciding whether a person has breached a duty also apply in deciding whether the person who suffered harm has been guilty of contributory negligence in failing to take precautions against the risk of that harm.
For that purpose—
the standard of care required of the person who suffered harm is that of a reasonable person in the position of that person; and
the matter is to be decided on the basis of what that person knew or ought reasonably to have known at the time.
(sec.23-ssec.1) The principles that are applicable in deciding whether a person has breached a duty also apply in deciding whether the person who suffered harm has been guilty of contributory negligence in failing to take precautions against the risk of that harm.
(sec.23-ssec.2) For that purpose— the standard of care required of the person who suffered harm is that of a reasonable person in the position of that person; and the matter is to be decided on the basis of what that person knew or ought reasonably to have known at the time.
- (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 decided on the basis of what that person knew or ought reasonably to have known at the time.