A council's duty to repair footpath defects is assessed by reference to whether the hazard would be obvious to an ordinary, reasonable pedestrian of normal physical capacity exercising a proper lookout — not by reference to the particular plaintiff or any other class of footpath user such as joggers. The word 'pedestrian' in Brodie means a person who walks. Users of footpaths for purposes other than walking (joggers, runners) bear a higher burden of vigilance for their own safety. The requirement that the plaintiff establish the hazard was not obvious enters into the definition of the duty, not merely contributory negligence.
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