An occupier is not required to erect warning signs about dangers that are glaringly obvious to any reasonable entrant, such as the retractable nature of commonplace tip-up theatre seats. In the Wyong Shire Council v Shirt balancing exercise, extensive incident-free usage, the commonplace nature of the risk, and the occupier's entitlement to assume entrants will exercise reasonable care for their own safety may outweigh the relatively low cost of erecting signs. The decision on the facts in Burns v Hoyts Pty Ltd regarding similar seats was distinguished and, per Giles JA, would have been dissented from if necessary.
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