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CIVIL LIABILITY ACT 2002 - SECT 5P

CIVIL LIABILITY ACT 2002 - SECT 5P

5P .         No liability for harm from inherent risk

        (1)         A person (the defendant ) is not liable for harm caused by the fault of that person suffered by another person if the harm is the result of the occurrence of something that cannot be avoided by the exercise of reasonable skill and care by the defendant.

        (2)         This section does not operate to exclude liability in connection with a duty to warn of a risk.

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

        [Heading inserted: No. 43 of 2004 s. 5.]