Western Australian Current Acts Western Australian Current Acts (1) For the purposes
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.
(2) Obvious risks
include risks that are patent or a matter of common knowledge.
(3) A risk of
something occurring can be an obvious risk even though it has a low
probability of occurring.
(4) 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.
[Section 5F inserted: No. 58 of 2003 s. 8.]