(1)  A person does not breach a duty to take reasonable care unless –

(a) there was a foreseeable risk of harm (that is, a risk of harm of which the person knew or ought reasonably to have known); and

(b) the risk was not insignificant; and

(c) in the circumstances, a reasonable person in the position of the person would have taken precautions to avoid the risk.

(2)  In deciding whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (among other relevant things):

(a) the probability that the harm would occur if care were not taken;

(b) the likely seriousness of the harm;

(c) the burden of taking precautions to avoid the risk of harm;

(d) the potential net benefit of the activity that exposes others to the risk of harm.

(3)  For the purpose of subsection (2)(c) , the court is to consider the burden of taking precautions to avoid similar risks of harm for which the person may be responsible.