---
title: "Set out the precaution questions for a failure to take care"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-precaution-questions-for-a-failure-to-take-care"
type: "task"
site: "AI Law Framework"
id: "A21-SB20261022-5"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Set out the precaution questions for a failure to take care

> From the pleaded risk and the precautions that are said to have been omitted, build a question table. The lawyer names the civil liability statute.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-precaution-questions-for-a-failure-to-take-care  
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 pleaded risk and the precautions that are said to have been omitted, build a question table. The lawyer names the civil liability statute. Where that statute is the Civil Liability Act 2002 (NSW), the questions are s 5B. The tool does not decide whether the defendant was negligent. |
| What the lawyer must review | The lawyer decides whether each precaution question is met and writes any pleading or advice. 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

**Precaution questions checked on the facts**

The tool sets out the statutory precaution questions. The lawyer decides whether a failure to take precautions was negligent.

- What the AI does: From the pleaded risk and the precautions that are said to have been omitted, build a question table. The lawyer names the civil liability statute. Where that statute is the Civil Liability Act 2002 (NSW), the questions are s 5B. The tool does not decide whether the defendant was negligent.
- What the lawyer does: The lawyer decides whether each precaution question is met and writes any pleading or advice. 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. Where the Civil Liability Act 2002 (NSW) applies, keep the three s 5B(1) conditions separate: foreseeable, not insignificant, and what a reasonable person in the person's position would have done.
2. Row each matter in s 5B(2), and leave room for the other relevant things that subsection preserves.
3. The lawyer writes any pleading or advice. 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 5B](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5b.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-precaution-questions-for-a-failure-to-take-care/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.*