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Civil Law (Wrongs) Act 2002
44Precautions against risk—other principles
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44 Precautions against risk—other principles
In a proceeding in relation to liability for negligence—
(a) the burden of taking precautions to avoid a risk of harm includes
the burden of taking precautions to avoid similar risks of harm
for which the person may be responsible; and
(b) the fact that a risk of harm could have been avoided by doing
something in a different way does not of itself give rise to or
affect liability for the way in which it was done; and
(c) the subsequent taking of action that would (had the action been
taken earlier) have avoided a risk of harm does not of itself give
rise to or affect liability in relation to the risk and is not of itself
an admission of liability in relation to the risk.