The formulation of a local council's duty of care to pedestrians under Brodie v Singleton Shire Council does not vary depending on whether the pedestrian is walking along or across the footpath. A defect that is obvious to an ordinary pedestrian exercising reasonable care remains obvious regardless of the manner of use, and cannot be characterised as a hidden trap merely because the pedestrian was crossing the footpath from adjoining premises rather than walking along it. The assessment of whether a defect is obvious must be made by reference to the objective standard of the ordinary reasonable pedestrian, not the subjective circumstances of the particular plaintiff.
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