New South Wales Consolidated Acts
[Search this Act]
CIVIL LIABILITY ACT 2002 - SECT 5H
No proactive duty to warn of obvious risk
5H No proactive duty to warn of obvious risk
(1) A person (
"the defendant" ) does not owe a duty of care to another person (
"the plaintiff" ) to warn of an obvious risk to the plaintiff.
section does not apply if:
(a) the plaintiff has requested advice or
information about the risk from the defendant, or
(b) the defendant is
required by a written law to warn the plaintiff of the risk, or
the defendant is a professional and the risk is a risk of the death of or
personal injury to the plaintiff from the provision of a professional service
by the defendant.
(3) Subsection (2) does not give rise to a presumption of a
duty to warn of a risk in the circumstances referred to in that subsection.
AustLII: Copyright Policy