A footpath defect that is physically prominent may nonetheless not constitute an 'obvious risk' under s 5F(1) of the Civil Liability Act 2002 (NSW) where environmental conditions such as shadows obscure it from a person exercising reasonable care. A finding that a risk is 'obvious' under ss 5F and 5G does not automatically negate breach of duty; obviousness is merely one factor in the Shirt balancing exercise. For s 15(2)(b), 'solely' permits an award for the additional attendant care services attributable to the compensable injury, even where the claimant had pre-existing disabilities requiring some care.
The full text is available to signed-in members, including the 40 later cases that cite this judgment.
10 of the 40 citing cases carry a classified treatment. How each court treated it is available to signed-in members.