Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 14

14 Persons suffering harm presumed to be aware of obvious risks

(1) If, in an action for damages for breach of duty causing harm, a defence of voluntary assumption of risk is raised by the defendant and the risk is an obvious risk, the plaintiff is taken to have been aware of the risk unless the plaintiff proves, on the balance of probabilities, that he or she was not aware of the risk.

Editor’s note—

‘Voluntary assumption of risk’ is sometimes stated as ‘volenti non fit injuria’.

(2) For 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.