(1) A person (the
defendant ) is not liable for harm caused by the fault of that person suffered
by another person if the harm is the result of the occurrence of something
that cannot be avoided by the exercise of reasonable skill and care by the
(2) This section does
not operate to exclude liability in connection with a duty to warn of a risk.
[Section 5P inserted: No. 58 of 2003 s. 8.]
[Heading inserted: No. 43 of 2004 s. 5.]