A plaintiff who observes warning signs indicating cleaning is in progress but assumes the danger is confined to the area between the signs, and continues walking at a fast pace without looking at the floor, is contributorily negligent under s 5R of the Civil Liability Act 2002 (NSW). The objective test requires consideration of what a reasonable person in the plaintiff's position would have done, not whether the plaintiff's subjective response was reasonable. Where a plaintiff's employment prospects are fraught with uncertainty due to long absence from the workforce, age, and pre-existing degenerative conditions, a buffer award for economic loss is not only appropriate but inevitable, and the court's assessment of the buffer incorporates vicissitudes.
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