Where a defendant organises an activity involving a risk of injury and it was open to the defendant not to engage in the activity at all, the plaintiff is not required to identify specific precautions that could have been taken; the availability of the option not to proceed is itself sufficient to establish breach. A buffer award for future economic loss remains available under the Civil Liability Act 2002 (NSW) where there is a real risk that otherwise secure employment may be adversely affected by injuries in the future.
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