Section 5F — Civil Liability Act 2002 (NSW)

(1) For the purposes of this Division, an obvious risk to a person who suffers harm is a risk that, in the circumstances, would have been obvious to a reasonable person in the position of that person.
(2) Obvious risks include risks that are patent or a matter of common knowledge.
(3) A risk of something occurring can be an obvious risk even though it has a low probability of occurring.
(4) A risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable.

Related sections

• s 5C — Other principles
• s 5D — General principles
• s 5E — Onus of proof
• s 5G — Injured persons presumed to be aware of obvious risks
• s 5H — No proactive duty to warn of obvious risk
• s 5I — No liability for materialisation of inherent risk

Research how courts apply s 5F

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