Section 5H — Civil Liability Act 2002 (NSW)

(1) A person (the defendant) does not owe a duty of care to another person (the plaintiff) to warn of an obvious risk to the plaintiff.
(2) This section does not apply if—
(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 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.
(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.

Related sections

• s 5E — Onus of proof
• s 5F — Meaning of “obvious risk”
• s 5G — Injured persons presumed to be aware of obvious risks
• s 5I — No liability for materialisation of inherent risk
• s 5J — Application of Division
• s 5K — Definitions

Research how courts apply s 5H

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