A breach of duty arising from the use of inappropriate materials may become causally spent if, by the time of the plaintiff's injury, natural processes (such as weathering and wear) have remedied the deficiency to the point where any remaining non-compliance with recommended standards is insignificant to the plaintiff. The 'risk of harm' for the purposes of s 5B should not be defined so narrowly as to exclude from consideration precautions that should have been taken at an earlier time (such as at the time of construction or repainting). Industry guidance documents such as Standards Australia handbooks inform but do not fix the content of the legal duty of care.
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