CIVIL LIABILITY ACT 2002 - SECT 5F

CIVIL LIABILITY ACT 2002 - SECT 5F

5F .         Term used: obvious risk

        (1)         For the purposes 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.

        [Section 5F inserted: No. 58 of 2003 s. 8.]