New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 5H

5H No proactive duty to warn of obvious risk

(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.