A public authority that has knowledge of frequent serious injuries occurring on its premises and has the ability to close access to the dangerous area may breach its duty of care by choosing to do nothing, even where the risk is visible to users. Obviousness of risk is not a separate legal criterion but merely a factor in the Shirt calculus. For volenti non fit injuria, awareness that a surface is slippery does not establish full appreciation of the extent of the danger. Where an accident exacerbates pre-existing conditions, damages must be assessed on the basis of exacerbation rather than sole causation, with allowance for the natural progression of the pre-existing conditions.
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