Under s 45 of the Civil Liability Act 2002 (NSW), a roads authority's 'actual knowledge of the particular risk' requires knowledge of the specific defect that caused the harm (e.g., the particular uneven paver), not merely general knowledge that footpaths in the area were uneven or that tree roots cause pavement disruption. A council's duty to pedestrians does not extend to eliminating all unevenness from footpaths; irregularities not beyond what might be expected on an unexceptional suburban footpath do not give rise to liability under s 5B(1)(c).
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