CIVIL LIABILITY ACT 2002 - SECT 15 Meaning of "obvious risk"
CIVIL LIABILITY ACT 2002 - SECT 15
Division 4 - Obvious risks Meaning of "obvious risk"
(1) For the purpose of this Division, anobvious 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.(5) A risk is not an obvious risk merely because a warning about the risk has been given.