In failure-to-warn cases, direct evidence from the plaintiff as to what they would have done if warned is unlikely to be helpful, following Vairy v Wyong Shire Council. The rule in Browne v Dunn requires that a contention that an injured party's own deliberate conduct caused the injury must be put squarely and explicitly to that party in cross-examination; failure to do so precludes reliance on that contention at trial and on appeal. Australian Standards are a guide to, but cannot dictate, the standard of reasonable care.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.