A risk may be identifiable to an occupier's management as a tripping hazard without being an 'obvious risk' to a reasonable person in the plaintiff's position under s 13 of the Civil Liability Act 2003 (Qld). The test under s 13 is objective but takes into account the circumstances of the plaintiff's position, including the physical characteristics of the hazard and the plaintiff's familiarity with the site. An occupier's own identification of a risk prior to an incident is a persuasive (though not determinative) factor in establishing that the risk was 'not insignificant' under s 9(1)(b). A pedestrian's failure to watch their feet while navigating around obstructions at a petrol station may amount to mere inadvertence rather than contributory negligence.
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