Inadvertence to a known risk does not constitute voluntary assumption of risk for the purposes of the volenti non fit injuria defence; proof that a plaintiff knew of a risk but did not advert to it when engaging in the relevant conduct is insufficient to establish the defence. A public authority that places an obstruction of little practical utility in a pathway breaches its duty of care where the risk created is entirely disproportionate to any benefit. The statutory definition of 'obvious risk' in s 5F of the Civil Liability Act 2002 (NSW) is confined to Division 4 (Assumption of Risk) and has no operation in the context of breach of duty.
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