Section 5R — Civil Liability Act 2002 (NSW)

(1) The principles that are applicable in determining whether a person has been negligent also apply in determining whether the person who suffered harm has been contributorily negligent in failing to take precautions against the risk of that harm.
(2) For that purpose—
(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 determined on the basis of what that person knew or ought to have known at the time.

Related sections

• s 5O — Standard of care for professionals
• s 5P — Division does not apply to duty to warn of risk
• s 5Q — Liability based on non-delegable duty
• s 5S — Contributory negligence can defeat claim
• s 5T — Contributory negligence—claims under the Compensation to Relatives Act 1897
• s 6A — Definitions

Research how courts apply s 5R

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