5BGeneral principles

#### 5B General principles 5B General principles > > (1) A person is not negligent in failing to take precautions against a risk of harm unless— > > > > > (a) the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known), and > > > > > (b) the risk was not insignificant, and > > > > > (c) in the circumstances, a reasonable person in the person’s position would have taken those precautions. > > > (2) In determining whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (amongst other relevant things)— > > > > > (a) the probability that the harm would occur if care were not taken, > > > > > (b) the likely seriousness of the harm, > > > > > (c) the burden of taking precautions to avoid the risk of harm, > > > > > (d) the social utility of the activity that creates the risk of harm. > > **pt 1A, div 2 (ss 5B, 5C):** Ins 2002 No 92, Sch 1 \[1\].