Under s 5K of the Civil Liability Act 2002 (WA), the standard of care for contributory negligence is objective but accommodates physical disabilities — a physically disabled person is not imputed with the ability to do what they physically cannot do, but must take other steps for their safety, which may include not undertaking the activity. Intellectual impairment does not attenuate the objective standard. The NSWCA decision in Smith v Zhang, insofar as it suggests otherwise, is not followed in Western Australia.
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