Section 28 of the Civil Liability Act 2002 (Tas), permitting reference to decisions of other courts on non-economic loss, is a procedural provision that applies to causes of action accruing before its commencement. However, interstate decisions must be approached with circumspection and do not establish a 'standard' for Tasmanian awards. A pillion passenger who voluntarily accepts a ride on a motorcycle with a rider who has been drinking, without a helmet, at night, and after being warned by a friend, may be found 30% contributorily negligent.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
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