When assessing whether a risk is 'obvious' under s 5F of the Civil Liability Act 2002 (NSW), the risk must be stated with sufficient specificity to match the risk that actually materialised — a generalised risk of slipping on a polished floor is insufficient where the actual risk was invisible polishing material left through the cleaner's failure to properly buff. Even where a risk is obvious, the statutory provisions only affect the presumption of awareness (s 5G) and the duty to warn (s 5H); they do not discharge the broader duty of care, which may require denial of access to a hazardous area rather than merely a warning sign. An occupier in control of premises who permits patrons to access an area where cleaning operations are underway bears the predominant responsibility for injuries caused by those operations.
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