A risk of collision between vehicles on a public road is not an 'inherent risk' under s 5I of the Civil Liability Act 2002 (NSW) where the collision could have been avoided by the exercise of reasonable care and skill, even where both parties were intoxicated. Defining the relevant risk to include elements of the harm actually suffered (such as intoxication) impermissibly confuses cause and risk and would convert all cases involving intoxication into inherent risk cases. The circumstances of two intoxicated persons riding motorcycles together do not constitute 'special and exceptional' circumstances negating a duty of care between road users.
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