Section 5O of the Civil Liability Act 2002 (WA) operates independently of the common law defence of volenti non fit injuria. Where a risk is an 'obvious risk' within the meaning of s 5F, a defendant has no duty to warn of that risk regardless of whether voluntary assumption of risk is pleaded. However, s 5O only removes the duty to warn; it does not affect a defendant's duty to take other reasonable steps to address an obvious risk, such as erecting safety measures. The division heading 'Assumption of Risk' cannot override the clear statutory text.
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