5HNo proactive duty to warn of obvious risk

#### 5H No proactive duty to warn of obvious risk 5H No proactive duty to warn of obvious risk > > (1) A person (the defendant) does not owe a duty of care to another person (the plaintiff) to warn of an obvious risk to the plaintiff. > > > (2) This section does not apply if— > > > > > (a) the plaintiff has requested advice or information about the risk from the defendant, or > > > > > (b) the defendant is required by a written law to warn the plaintiff of the risk, or > > > > > (c) the defendant is a professional and the risk is a risk of the death of or personal injury to the plaintiff from the provision of a professional service by the defendant. > > > (3) Subsection (2) does not give rise to a presumption of a duty to warn of a risk in the circumstances referred to in that subsection. > > **s 5H:** Ins 2002 No 92, Sch 1 \[1\].