CIVIL LIABILITY ACT 2002 - SECT 5B
General principles
CIVIL LIABILITY ACT 2002 - SECT 5B
General principles
5B General principles
(1) A person is not negligent in failing to take precautions against a risk of
harm unless--
(a) the risk was foreseeable (that is, it is a risk of which the
person knew or ought to have known), and
(b) the risk was not insignificant,
and
(c) in the circumstances, a reasonable person in the person's position
would have taken those precautions.
(2) In determining whether a reasonable
person would have taken precautions against a risk of harm, the court is to
consider the following (amongst other relevant things)--
(a) the probability
that the harm would occur if care were not taken,