---
title: "Check a failure-to-warn allegation against the obvious-risk limit"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-failure-to-warn-allegation-against-the-obvious-risk-limit"
type: "task"
site: "AI Law Framework"
id: "A21-SB20261022-7"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check a failure-to-warn allegation against the obvious-risk limit

> From the failure-to-warn allegation and the risk description, build a limit table. The lawyer names the civil liability statute.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-failure-to-warn-allegation-against-the-obvious-risk-limit  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the failure-to-warn allegation and the risk description, build a limit table. The lawyer names the civil liability statute. Where that statute is the Civil Liability Act 2002 (NSW), the limit is s 5H, read with the s 5F description of an obvious risk. The tool does not decide whether a duty to warn was owed. |
| What the lawyer must review | The lawyer decides whether s 5H applies and whether any exception is made out, and writes any pleading or advice. Other jurisdictions are checked on their own Act. The NSW sections are the ones opened for this task. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Failure-to-warn limit checked against the risk**

The tool rows the obvious-risk limit and its exceptions. The lawyer decides whether a duty to warn was owed.

- What the AI does: From the failure-to-warn allegation and the risk description, build a limit table. The lawyer names the civil liability statute. Where that statute is the Civil Liability Act 2002 (NSW), the limit is s 5H, read with the s 5F description of an obvious risk. The tool does not decide whether a duty to warn was owed.
- What the lawyer does: The lawyer decides whether s 5H applies and whether any exception is made out, and writes any pleading or advice. Other jurisdictions are checked on their own Act. The NSW sections are the ones opened for this task.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Use the s 5F description before the no-duty rule is applied.
2. Give each exception its own row: a request for advice or information about the risk, a written law requiring a warning, and a professional service carrying a risk of death or personal injury.
3. Record that those exceptions do not give rise to a presumption of a duty to warn.
4. The lawyer writes any pleading or advice.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Civil Liability Act 2002 (NSW) s 5H](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5h.html) (checked 2026-10-22)
- [Civil Liability Act 2002 (NSW) s 5F](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5f.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-failure-to-warn-allegation-against-the-obvious-risk-limit/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*