The risk of harm for s 5B CLA purposes is to be identified prospectively by reference to the 'true source of potential injury' (here, the defective bridge surface), not retrospectively by reference to the precise mechanism of injury (falling over the bridge). Section 5H CLA operates to exclude a duty to warn of obvious risks without any requirement that the defendant prove voluntary assumption of risk. A warning sign erected by a roads authority pursuant to its statutory powers constitutes the exercise of a 'special statutory power' under s 43A(2) CLA. For s 45 CLA, actual knowledge must be established in the mind of an officer with delegated or statutory authority to carry out the necessary repairs, and cannot be established by imputed or constructive knowledge.
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