Section 5B(2) of the Civil Liability Act 2002 (NSW) provides a framework for deciding what precautions a reasonable person would have taken, involving weighing the probability and seriousness of harm (ss 5B(2)(a) and (b)) against the burden of precautions and social utility (ss 5B(2)(c) and (d)). The foreseeability inquiry under s 5B(1)(a) is directed to the general risk of harm (e.g., falling from a roof), not the specific mechanism by which harm occurs (e.g., falling through a skylight). Under s 5R, the standard of care for contributory negligence of a child plaintiff is that of a reasonable person in the position of a child of that age, and a 12-year-old may not be found contributorily negligent where the child would not have perceived the relevant risk.
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