Western Australian Current Acts

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5B .         General principles

        (1)         A person is not liable for harm caused by that person’s fault in failing to take precautions against a risk of harm unless —

            (a)         the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known); and

            (b)         the risk was not insignificant; and

            (c)         in 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) —

            (a)         the probability that the harm would occur if care were not taken;

            (b)         the likely seriousness of the harm;

            (c)         the burden of taking precautions to avoid the risk of harm;

            (d)         the social utility of the activity that creates the risk of harm.

        [Section 5B inserted: No. 58 of 2003 s. 8.]

        [Heading inserted: No. 58 of 2003 s. 8.]

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