Section 5G — Civil Liability Act 2002 (NSW)

Injured persons presumed to be aware of obvious risks

(1) In proceedings relating to liability for negligence, a person who suffers harm is presumed to have been aware of the risk of harm if it was an obvious risk, unless the person proves on the balance of probabilities that he or she was not aware of the risk.
(2) For the purposes of this section, a person is aware of a risk if the person is aware of the type or kind of risk, even if the person is not aware of the precise nature, extent or manner of occurrence of the risk.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 5D — General principles
s 5E — Onus of proof
s 5F — Meaning of “obvious risk”
s 5H — No proactive duty to warn of obvious risk
s 5I — No liability for materialisation of inherent risk
s 5J — Application of Division

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