Western Australian Consolidated Acts Western Australian Consolidated Acts (1)
In determining liability for damages for harm caused by the fault of a
person, the person who suffers harm is presumed to have been aware of the risk
of harm if it was an obvious risk, unless the person proves on the balance of
probabilities that he or she was not aware of the risk.
(2) For the purpose of
this section, a person is aware of a risk if the person is aware of the type
or kind of risk, even if the person is not aware of the precise nature, extent
or manner of occurrence of the risk.
[Section 5N inserted by No. 58 of 2003
s. 8.]