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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, an
obvious 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.