An occupier who knows that steps are dangerously slippery and responds by placing carpet squares of unknown anti-slip quality on only part of the steps has not adequately responded to the risk of harm under s 5B of the Civil Liability Act 2002 (NSW). A plaintiff who knows a surface is dangerous and intends to avoid it but inadvertently steps on it due to inattention is contributorily negligent — such failure goes beyond mere inadvertence. A trial judge who prefers one occupational therapist's evidence over another must provide adequate analysis of the competing opinions rather than simply accepting one and rejecting the other.
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