---
title: "Record whether a risk meets the obvious-risk description"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-whether-a-risk-meets-the-obvious-risk-description"
type: "task"
site: "AI Law Framework"
id: "A21-SB20261022-6"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record whether a risk meets the obvious-risk description

> From the description of the risk and of the person who suffered harm, build a description table. The lawyer names the civil liability statute.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-whether-a-risk-meets-the-obvious-risk-description  
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 description of the risk and of the person who suffered harm, build a description table. The lawyer names the civil liability statute. Where that statute is the Civil Liability Act 2002 (NSW), the description is s 5F. The tool does not decide whether the risk was obvious. |
| What the lawyer must review | The lawyer decides whether the risk was obvious to a reasonable person in the position of the person who suffered harm. Other jurisdictions are checked on their own Act. The NSW section is the one opened for this task. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Obvious-risk description checked on the circumstances**

The tool sets out the statutory description of an obvious risk. The lawyer decides whether the risk meets it.

- What the AI does: From the description of the risk and of the person who suffered harm, build a description table. The lawyer names the civil liability statute. Where that statute is the Civil Liability Act 2002 (NSW), the description is s 5F. The tool does not decide whether the risk was obvious.
- What the lawyer does: The lawyer decides whether the risk was obvious to a reasonable person in the position of the person who suffered harm. Other jurisdictions are checked on their own Act. The NSW section is the one 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. Apply the description to a reasonable person in the position of the person who suffered harm.
2. Record a low probability, and a risk that is not prominent, conspicuous or physically observable, as facts the section says can still meet the description.
3. The lawyer decides whether the risk was obvious. The table stays on the file.

## 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 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/record-whether-a-risk-meets-the-obvious-risk-description/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.*