The risk of injury from impact with a riverbed when using a rope swing to perform acrobatic manoeuvres into a river is an 'obvious risk' within s 5F(1) of the Civil Liability Act 2002, even to a 16-year-old experienced diver, where the rope swing increases the area of possible landing, the water is muddy, and the depth has not been checked. Such activity constitutes a 'dangerous recreational activity' under s 5K where the probability of harm is more than trivial and the consequences potentially catastrophic. A council is not required to post security guards at every rope swing or tree along a riverbank to prevent jumping, even on days when larger crowds are expected due to organised events nearby.
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