Western Australian Current Acts

CIVIL LIABILITY ACT 2002 - SECT 5H

5H .         No liability for harm from obvious risks of dangerous recreational activities

        (1)         A person (the defendant ) is not liable for harm caused by the defendant’s fault suffered by another person (the plaintiff ) while the plaintiff engaged in a dangerous recreational activity if the harm is the result of the occurrence of something that is an obvious risk of that activity.

        (2)         This section applies whether or not the plaintiff was aware of the risk.

        (3)         This section does not apply if —

            (a)         the plaintiff has requested advice or information about the risk from the defendant; or

            (b)         the defendant is required by a written law to warn the plaintiff of the risk.

        (4)         Subsection (3) does not give rise to a presumption of a duty to warn of a risk in the circumstances referred to in that subsection.

        [Section 5H inserted: No. 58 of 2003 s. 8.]