A 20mm height differential between concrete footpath slabs is not an unexpected or unusual danger to a pedestrian exercising reasonable care and keeping a proper lookout, and does not give rise to council liability in negligence. Expert evidence relying on insurance risk management manuals and disability-focused standards is of no assistance in determining a council's duty of care for footpaths. Trial judges should not draw conclusions about council practices (such as use of warning paint marks) without raising the matter with the parties.
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