New South Wales Consolidated Acts

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CIVIL LIABILITY ACT 2002 - SECT 5F

Meaning of “obvious risk”

5F Meaning of “obvious risk”

(1) For the purposes of this Division, an
"obvious risk" to a person who suffers harm is a risk that, in the circumstances, would have been obvious to a reasonable person in the position of that person.
(2) Obvious risks include risks that are patent or a matter of common knowledge.
(3) A risk of something occurring can be an obvious risk even though it has a low probability of occurring.
(4) A risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable.



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