NSWIn ForceAct
Civil Liability Act 2002
5GInjured persons presumed to be aware of obvious risks
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#### 5G Injured persons presumed to be aware of obvious risks
5G Injured persons presumed to be aware of obvious risks
> > (1) In proceedings relating to liability for negligence, a person who suffers harm is presumed to have been aware of the risk of harm if it was an obvious risk, unless the person proves on the balance of probabilities that he or she was not aware of the risk.
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> > (2) For the purposes of this section, a person is aware of a risk if the person is aware of the type or kind of risk, even if the person is not aware of the precise nature, extent or manner of occurrence of the risk.
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> **s 5G:** Ins 2002 No 92, Sch 1 \[1\]. Am 2012 No 42, Sch 2.7.