Section 49 — Civil Liability Act 2002 (NSW)

(1) The following principles apply in connection with the effect that a person’s intoxication has on the duty and standard of care that the person is owed—
(a) in determining whether a duty of care arises, it is not relevant to consider the possibility or likelihood that a person may be intoxicated or that a person who is intoxicated may be exposed to increased risk because the person’s capacity to exercise reasonable care and skill is impaired as a result of being intoxicated,
(b) a person is not owed a duty of care merely because the person is intoxicated,
(c) the fact that a person is or may be intoxicated does not of itself increase or otherwise affect the standard of care owed to the person.
(2) This section applies in place of a provision of section 74 of the Motor Accidents Act 1988 or section 138 of the Motor Accidents Compensation Act 1999 to the extent of any inconsistency between this section and the provision.

Related sections

• s 46 — Exercise of function or decision to exercise does not create duty
• s 47 — Part applies to civil liability for death, injury or property damage
• s 48 — Definition of “intoxication”
• s 50 — No recovery where person intoxicated
• s 51 — Part applies to civil liability for death, injury or property damage
• s 52 — No civil liability for acts in self-defence

Research how courts apply s 49

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.