A road authority does not owe a duty to maintain a highway median strip in a condition safe for use as a footway at night, where the median strip was not designed for pedestrian use and its features were dictated by its purpose of separating traffic lanes. Evidence of an extensive accident-free history is relevant to whether a perceived risk gives rise to a reasonable claim on the attention or resources of a road authority. When assessing breach, the court must consider whether the proposed remedial measure itself creates additional risks. Section 13(1) of the Civil Liability Act 2002 (NSW) requires identification of the most likely future circumstances from a possible range and does not significantly affect a general law assessment of future economic loss.
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