sec.305JPresumption of contributory negligence if person who suffers injury is intoxicated

### sec.305J Presumption of contributory negligence if person who suffers injury is intoxicated This section applies if a worker who sustained an injury was intoxicated at the time of the breach of duty giving rise to a claim for damages and contributory negligence is alleged against the worker. Contributory negligence will, subject to this section, be presumed. The worker may only rebut the presumption by establishing on the balance of probabilities— that the intoxication did not contribute to the breach of duty; or that the intoxication was not self-induced. Unless the worker rebuts the presumption of contributory negligence, the court must assess damages on the basis that the damages to which the worker would be entitled in the absence of contributory negligence are to be reduced, on account of contributory negligence, by 25% or a greater percentage decided by the court to be appropriate in the circumstances of the case. If, in the case of a motor vehicle accident, the worker who sustained an injury was the driver of a motor vehicle involved in the accident and the evidence establishes— that the concentration of alcohol in the worker’s blood was 150mg or more of alcohol in 100mL of blood; or that the worker was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle; the minimum reduction prescribed by subsection (4) is increased to 50%. s 305J ins 2010 No. 24 s 21 (sec.305J-ssec.1) This section applies if a worker who sustained an injury was intoxicated at the time of the breach of duty giving rise to a claim for damages and contributory negligence is alleged against the worker. (sec.305J-ssec.2) Contributory negligence will, subject to this section, be presumed. (sec.305J-ssec.3) The worker may only rebut the presumption by establishing on the balance of probabilities— that the intoxication did not contribute to the breach of duty; or that the intoxication was not self-induced. (sec.305J-ssec.4) Unless the worker rebuts the presumption of contributory negligence, the court must assess damages on the basis that the damages to which the worker would be entitled in the absence of contributory negligence are to be reduced, on account of contributory negligence, by 25% or a greater percentage decided by the court to be appropriate in the circumstances of the case. (sec.305J-ssec.5) If, in the case of a motor vehicle accident, the worker who sustained an injury was the driver of a motor vehicle involved in the accident and the evidence establishes— that the concentration of alcohol in the worker’s blood was 150mg or more of alcohol in 100mL of blood; or that the worker was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle; the minimum reduction prescribed by subsection (4) is increased to 50%. - (a) that the intoxication did not contribute to the breach of duty; or - (b) that the intoxication was not self-induced. - (a) that the concentration of alcohol in the worker’s blood was 150mg or more of alcohol in 100mL of blood; or - (b) that the worker was so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle;