sec.15No proactive duty to warn of obvious risk

### sec.15 No proactive duty to warn of obvious risk A person ( defendant ) does not owe a duty to another person ( plaintiff ) to warn of an obvious risk to the plaintiff. Subsection (1) does not apply if— the plaintiff has requested advice or information about the risk from the defendant; or the defendant is required by a written law to warn the plaintiff of the risk; or the defendant is a professional, other than a doctor, 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. In relation to paragraphs (a) and (b) , see section 21 for the duty of a doctor to warn of risk. 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. In this section— a professional has the same meaning as it has in division 5 . (sec.15-ssec.1) A person ( defendant ) does not owe a duty to another person ( plaintiff ) to warn of an obvious risk to the plaintiff. (sec.15-ssec.2) Subsection (1) does not apply if— the plaintiff has requested advice or information about the risk from the defendant; or the defendant is required by a written law to warn the plaintiff of the risk; or the defendant is a professional, other than a doctor, 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. In relation to paragraphs (a) and (b) , see section 21 for the duty of a doctor to warn of risk. (sec.15-ssec.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. (sec.15-ssec.4) In this section— a professional has the same meaning as it has in division 5 . - (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, other than a doctor, 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.