CIVIL LAW (WRONGS) ACT 2002 - SECT 44 Precautions against risk—other principles

CIVIL LAW (WRONGS) ACT 2002 - SECT 44

In a proceeding in relation to liability for negligence—

        (a)     the burden of taking precautions to avoid a risk of harm includes the burden of taking precautions to avoid similar risks of harm for which the person may be responsible; and

        (b)     the fact that a risk of harm could have been avoided by doing something in a different way does not of itself give rise to or affect liability for the way in which it was done; and

        (c)     the subsequent taking of action that would (had the action been taken earlier) have avoided a risk of harm does not of itself give rise to or affect liability in relation to the risk and is not of itself an admission of liability in relation to the risk.