The relevant risk of harm under s 5B of the Civil Liability Act 2002 (NSW) must not be identified by reference to the specific mechanism of the plaintiff's injury, but must encompass the broader class of risks created by the defendant's conduct. Where a public authority constructs an unlit footpath, the risk is not confined to a particular hazard at one point but extends to all hazards a pedestrian might encounter in darkness along the entire path. The burden of precautions must be assessed against this broader risk, including the burden of addressing similar risks along the whole path (s 5C(a)). Insufficient evidence as to the cost and nature of precautions required to address the correctly identified risk will be fatal to a plaintiff's case.
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