Rebutting the statutory presumption of contributory negligence: Is it objective, subjective or - impossible?

On 9 December 2015, the High Court delivered an important judgment in the context of personal injury claims arising out of motor vehicle accidents in South Australia.

ALLEN v CHADWICK[2015] HCA 47

The decision concerns the operation and interpretation of Parts 6 and 7 of the Civil Liability Act 1936 (SA) which construct a regime for determining negligence and create a presumption of contributory negligence where:

• The injured person has relied on the care and skill of a driver who they knew or ought to have known was intoxicated – Section 47(1);
• The injured person was not wearing a seatbelt as required under the Road Traffic Act 1961 – Section 49(1)(a).

The relevant provisions mandate the application of a fixed statutory reduction of either 25% or 50% depending on the negligent driver's blood alcohol concentration, and 25% in the case of failure to wear a seatbelt.