The passage in McHugh J's judgment in Chappel v Hart (1998) 195 CLR 232 at 244 [27], referring to increased risk and the risk eventuating, does not establish a test of causation different from the balance of probabilities standard; it means the risk must have eventuated because of the breach of duty. A local authority managing a playground is not ordinarily required to warn of the obvious risks of children using equipment that is too large or difficult for their age, where the risk is equally apparent to the supervising parent. However, a council that fails to maintain adequate soft-fall surfacing beneath playground equipment may be found negligent where the surface is hard and bare.
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