CIVIL LIABILITY ACT 1936 - SECT 36

CIVIL LIABILITY ACT 1936 - SECT 36

36—Meaning of 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 matters of common knowledge.

        (3)         A risk may be obvious even though it is of low probability.