Section 5C — Civil Liability Act 2002 (NSW)

In proceedings relating to liability for negligence—
(a) the burden of taking precautions to avoid a risk of harm includes the burden of taking precautions to avoid similar risks of harm for which the person may be responsible, and
(b) the fact that a risk of harm could have been avoided by doing something in a different way does not of itself give rise to or affect liability for the way in which the thing was done, and
(c) the subsequent taking of action that would (had the action been taken earlier) have avoided a risk of harm does not of itself give rise to or affect liability in respect of the risk and does not of itself constitute an admission of liability in connection with the risk.

Related sections

• s 5 — Definitions
• s 5A — Application of Part
• s 5B — General principles
• s 5D — General principles
• s 5E — Onus of proof
• s 5F — Meaning of “obvious risk”

Research how courts apply s 5C

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.