48General principles

48 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. (3) For the purposes of subsection (1)(b)— (a) **insignificant risks** include, but are not limited to, risks that are far-fetched or fanciful; and (b) risks that are **not insignificant** are all risks other than insignificant risks and include, but are not limited to, significant risks. S. 49 inserted by No. 102/2003 s. 3.