Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person (the
defendant ) does not owe a duty of care to another person (the plaintiff ) to
warn of an obvious risk to the plaintiff.
(2) This section
does not apply if —
(a) the
plaintiff has requested advice or information about the risk from the
defendant;
(b) the
defendant is required by a written law to warn the plaintiff of the risk; or
(c) the
defendant is a professional and the risk is a risk of harm to the plaintiff
from the provision of a professional service by the defendant.
(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.
[Section 5O inserted by No. 58 of 2003
s. 8.]