A 19mm lip or ridge in a roadway at a pedestrian crossing, which is obvious and has been traversed without incident on numerous occasions, does not constitute a breach of duty by the road authority, even where the pedestrian may be distracted by traffic. The need to observe traffic at a pedestrian crossing does not relieve a pedestrian of the obligation to also observe the road surface. The plaintiff bears the onus of establishing that such a defect constitutes a 'not insignificant risk' under s 5B(1)(b) of the Civil Liability Act 2002 (NSW), and the mere fact of a fall does not discharge that onus.
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