Meaning of "obvious risk"
15 Meaning of "obvious risk"
For the purpose of this Division, an obvious risk to a person who suffers harm is a risk that, in the circumstances, would have been obvious to a reasonable person in the position of that person.
Obvious risks include risks that are patent or a matter of common knowledge.
A risk of something occurring can be an obvious risk even though it has a low probability of occurring.
A risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable.
A risk is not an obvious risk merely because a warning about the risk has been given.
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