Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person is
not liable for harm caused by that person’s fault in failing to take
precautions against a risk of harm unless —
(a) the
risk was foreseeable (that is, it is a risk of which the person knew or ought
to have known);
(b) the
risk was not insignificant; and
(c) in
the circumstances, a reasonable person in the person’s position would
have taken those precautions.
(2) In determining
whether a reasonable person would have taken precautions against a risk of
harm, the court is to consider the following (amongst 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
social utility of the activity that creates the risk of harm.
[Section 5B inserted by No. 58 of 2003
s. 8.]
[Heading inserted by No. 58 of 2003 s. 8.]