NSWIn ForceAct
Civil Liability Act 2002
5FMeaning of “obvious risk”
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#### 5F Meaning of “obvious risk”
5F 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.
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> > (2) Obvious risks include risks that are patent or a matter of common knowledge.
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> > (3) A risk of something occurring can be an obvious risk even though it has a low probability of occurring.
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> > (4) A risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable.
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> **s 5F:** Ins 2002 No 92, Sch 1 \[1\].