For the purposes of s 37(2) of the Civil Liability Act 2003 (Qld), the 'particular risk' of which a road authority must have actual knowledge is not confined to the specific defect that caused the plaintiff's injury; it extends to the broader risk of deteriorating road conditions posing danger to motorists. A road authority that identifies a general hazard (such as developing potholes on a floodway) and takes steps to warn motorists has actual knowledge of the particular risk for the purposes of s 37(2), even if it did not know of the specific pothole that caused the accident. The erection of temporary warning signage is part of a road authority's maintenance function, and failure to secure such signage engages the duty of care. The availability of alternative means to secure signage (beyond sandbags) defeats a s 35 defence based on limited resources.
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