Queensland Consolidated Acts

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No proactive duty to warn of obvious risk

15 No proactive duty to warn of obvious risk

(1) A person (
"defendant" ) does not owe a duty to another person (
"plaintiff" ) to warn of an obvious risk to the plaintiff.
(2) Subsection (1) 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, other than a doctor, 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.
In relation to paragraphs (a) and (b), see section 21 for the duty of a doctor to warn of risk.
(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.
(4) In this section—

"a professional" has the same meaning as it has in division 5.

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