Inherent Risks means for the Civil Liability Amendment (Personal Responsibility) Bill 2002 risks which cannot be avoided by the exercise of reasonable care and skill.  Therefore an Inviter is not liable to an Invitee(s) for Harm Suffered due to an Inherent Risk occurring.

An Inherent Risk of an activity is a risk that could not be removed or avoided by the exercise of reasonable care.  An Inherent Risk may be obvious, but equally may not be.  There is no liability in negligence for an Inherent Risk occurring.

Example of Inherent Risks include -

(i)         cycling on the LHS of a dedicated cycle lane in the shoulder of a road and a passing motorist suddenly losing control of their vehicle and driving into the cyclist;

(ii)        a cyclist experiencing a cannon shot flat tyre on the front wheel when cornering on a steep descent, thereby rendering the cyclist virtually no control to steer thru the corner due to the rapidly diminished Coefficient of friction and the cyclist therefore suffering a bad fall; and

(iii)       a cyclist hitting a pothole which jarred his/her front fork causing it to collapse.