CIVIL LIABILITY ACT 1936 - SECT 32
CIVIL LIABILITY ACT 1936 - SECT 32
(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 precautions were not taken;
(b) the
likely seriousness of the harm;
(c) the
burden of taking precautions to avoid the risk of harm;
(d) the
social utility of the activity that creates the risk of harm.