Section 5I — Civil Liability Act 2002 (NSW)

No liability for materialisation of inherent risk

(1) A person is not liable in negligence for harm suffered by another person as a result of the materialisation of an inherent risk.
(2) An inherent risk is a risk of something occurring that cannot be avoided by the exercise of reasonable care and skill.
(3) This section does not operate to exclude liability in connection with a duty to warn of a 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 5F — Meaning of “obvious risk”
s 5G — Injured persons presumed to be aware of obvious risks
s 5H — No proactive duty to warn of obvious risk
s 5J — Application of Division
s 5K — Definitions
s 5L — No liability for harm suffered from obvious risks of dangerous recreational activities

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