Western Australian Current Acts

CIVIL LIABILITY ACT 2002 - SECT 5O

5O .         No duty to warn of obvious risk

        (1)         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.

        (2)         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; or

            (c)         the defendant is a professional and the risk is a risk of harm to the plaintiff from the provision of a professional service by the defendant.

        (3)         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.

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