A risk of harm from a recreational activity may be 'obvious' within s 5F of the Civil Liability Act 2002 (NSW) even where the probability of occurrence is low, but the activity will not constitute a 'dangerous recreational activity' under s 5K unless the risk has a real chance of materialising — a low probability of harm is inconsistent with a finding of 'significant risk'. Boat operators who anchor a vessel for recreational diving do not owe a continuing duty of care to ensure the vessel does not drift where they lack ongoing control, have not assumed responsibility, and the plaintiff is equally capable of assessing the risk.
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