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Obvious Risks means for the Civil Liability Amendment (Personal Responsibility) Bill Nov 2002, and for Civil Liability Acts 2002 generally, Risks Of Harm to an Invitee(s)/participant(s) that, in the circumstances, would have been apparent to a reasonable person in the position of an Invitee/participant(s) and is patent or a matter of common knowledge, albeit generally has a low probability of occurring and a risk of Harm Suffered which may not be prominent, conspicuous or physically observable for a particular Recreational Activity with in a RREA.

If an Invitee/participant(s) suffers injuries as the consequence of an Obvious Risk that Invitee/participant(s) is now presumed to have been aware of the risk of harm, unless he or she can prove otherwise. The Duty Of Care to warn of an Obvious Risk has also been rendered unnecessary, other than in specific circumstances, such as where the injured person has requested information about the risk.

Examples of Obvious Risks are:

1. Each year worldwide there are ~ 10 deaths attributable to shark attacks compared with ~ 150 deaths worldwide caused by falling coconuts. More people each year are killed by elephants, crocodiles, bees, and wars and many other dangers that confront us, than by sharks. Stevens & Paxton, 1992 report that an average of one Australian a year died from shark attacks between 1890 and 1990. In the last 50 years, there have been only 61 human deaths in Australian waters from shark attack.

2. Report on Cyclists Deaths - July 2006 informs that between 40 and 60 cyclists were killed on Australian roads each years during the 1990s. >95% of fatalities involved a motor vehicle(s), the vast majority occurred when the motorist came from behind the cyclists but alleged that he failed to see the cyclist.

3. Drowning after capsizing is a prominent reason for fatalities whilst kayaking.

4. Cycling into a Deteriorate Road Section is a prominent reason for cyclists to fall from their bicycles which generally cause painful injuries which could result in permanent nerve damage or death.

See Section 23 and definitions of Foreseeable, Non-Obvious, Explicit Risks, Risk Warning, Provide A Risk Warning, Dangerous Recreational Activity, Recreational Activity and Regulate Existing Sporting Activity Providers.