137AContributory acts or omissions to reduce compensation in defective goods actions

137A Contributory acts or omissions to reduce compensation in defective goods actions

(1) If the loss or damage to which a defective goods action under section 138 or 139 of the Australian Consumer Law relates was caused by both:

(a) an act or omission of:

(i) the individual who suffers the injuries referred to in that section; or

(ii) a person for whom that individual is responsible; and

(b) a safety defect of the goods to which the action relates;

the amount of the loss or damage is to be reduced to such extent (which may be to nil) as the court thinks fit having regard to that individual’s share in the responsibility for the loss or damage.

(2) If the loss or damage to which a defective goods action under section 140 or 141 of the Australian Consumer Law relates was caused by both:

(a) an act or omission of:

(i) the person who suffered the loss or damage; or

(ii) another person for whom that person is responsible; and

(b) a safety defect of the goods to which the action relates;

the amount of the loss or damage is to be reduced to such extent (which may be to nil) as the court thinks fit having regard to the person’s share in the responsibility for the loss or damage.