Section 5O of the Civil Liability Act 2002 (WA) removes any duty of care to warn of an obvious risk independently of the volenti non fit injuria defence. The risk of slipping on a wet bathroom floor is an obvious risk where the plaintiff knew the floor was wet on exiting and re-entered within 30 minutes. Provision of a bath mat and towels may constitute a reasonable precaution against the risk of slipping on a wet bathroom floor in short-stay accommodation, and the aesthetic effect of alternative precautions is a permissible consideration under s 5B(2). Parties should plead the relevant risk of harm with specificity when the CLA's provisions are engaged.
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