No proactive duty to warn of obvious risk
5H No proactive duty to warn of obvious risk
A person (the defendant) does not owe a duty of care to another person (the plaintiff) to warn of an obvious risk to the plaintiff.
This section does not apply if—
the plaintiff has requested advice or information about the risk from the defendant, or
the defendant is required by a written law to warn the plaintiff of the risk, or
the defendant is a professional and the risk is a risk of the death of or personal injury to the plaintiff from the provision of a professional service by the defendant.
Subsection (2) does not give rise to a presumption of a duty to warn of a risk in the circumstances referred to in that subsection.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.