Australian Capital Territory Current Acts

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Precautions against risk—general principles

    (1)     A person is not negligent in failing to take precautions against a risk of harm unless—

        (a)     the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known); and

        (b)     the risk was not insignificant; and

        (c)     in the circumstances, a reasonable person in the person's position would have taken those precautions.

    (2)     In deciding whether a reasonable person would have taken precautions against a risk of harm, the court must consider the following (among other relevant things):

        (a)     the probability that the harm would happen if precautions were not taken;

        (b)     the likely seriousness of the harm;

        (c)     the burden of taking precautions to avoid the risk of harm;

        (d)     the social utility of the activity creating the risk of harm.

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