Diving headfirst from a wharf bollard into water of unknown depth, from a height of two to three metres, constitutes both an 'obvious risk' under s 5F and a 'dangerous recreational activity' under s 5K of the Civil Liability Act 2002 (NSW), even where the plaintiff attempted to check depth by treading water. The fact that a plaintiff believed the water was deep enough does not negate the objective finding of obvious risk. Under the statutory regime, the focus of the obvious risk enquiry is on the reasonable person in the plaintiff's position, not on the putative tortfeasor.
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