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CIVIL LIABILITY ACT 2002 - SECT 17 No proactive duty to warn of obvious risk

CIVIL LIABILITY ACT 2002 - SECT 17

No proactive duty to warn of obvious risk

(1)  A person ( "the defendant" ) does not owe a duty 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 by a written law to warn the plaintiff of the risk; or
(c) the defendant is a professional, other than a medical practitioner, and the risk is a risk of the death of or personal injury to the plaintiff from the provision of a professional service to the plaintiff by the defendant in the defendant's professional capacity.
(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.