Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 15

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.

Note—

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 .