32—Precautions against risk
(1) A person is not
negligent in failing to take precautions against a risk of harm unless—
risk was foreseeable (that is, it is a risk of which the person knew or ought
to have known); and
risk was not insignificant; and
the circumstances, a reasonable person in the person's position would have
taken those precautions.
(2) In determining
whether a reasonable person would have taken precautions against a risk of
harm, the court is to consider the following (amongst other relevant things):
probability that the harm would occur if precautions were not taken;
likely seriousness of the harm;
burden of taking precautions to avoid the risk of harm;
social utility of the activity that creates the risk of harm.