South Australian Consolidated Acts

CIVIL LIABILITY ACT 1936 - SECT 38

38—No 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.

        (2)         Subsection (1) does not apply if—

            (a)         the plaintiff has requested advice or information about the risk from the defendant; or

            (b)         the defendant is required to warn the plaintiff of the risk—

                  (i)         by a written law; or

                  (ii)         by an applicable code of practice in force under the Recreational Services (Limitation of Liability) Act 2002 ; or

            (c)         the risk is a risk of death or of personal injury to the plaintiff from the provision of a health care 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.