The risk of slipping on a travelator after walking on a wet surface is not an 'obvious risk' under s 5F of the Civil Liability Act 2002 (NSW), because while a wet floor may be apparent, the tribological effect of wet shoes on a moving metal surface would not be obvious to a reasonable person. Section 151Z(1)(b) of the Workers Compensation Act 1987 (NSW) is enlivened by partial payment of a damages award — it does not require the worker to have received the whole of the damages to which they are entitled. A cleaning contractor that has the capacity to clean a hazardous area before a premises opens to the public may breach its duty of care by instead cleaning during opening hours, even where the occupier has not specifically directed the timing of cleaning.
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