Contributory Negligence

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The amendments to Sections 48 and 49 of the Civil Liability Act 2003 (Qld) (CLA), now reduces the liability of an intoxicated driver when the plaintiff by choice gets into the car knowing that the driver is intoxicated, is a beginning point for the changes that need to be done to contributory negligence. Contributory negligence is a partial legal defence to negligence case due to the Plaintiff failing to take reasonable care for their own safety and in-turn contributed to the accident, thus the damages reduced so the Defendant only has to pay what is fair and reasonable. Pursuant to the Civil Liability and Other Legislation Amendment Act 2010 (Qld) (CLOLA), Section 48 of the CLA now has a presumption of contributory negligence and applies

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