New South Wales Consolidated Acts
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CIVIL LIABILITY ACT 2002 - SECT 5G
Injured persons presumed to be aware of obvious risks
5G 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.
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