adults

• adult visitor owed common duty of care
• adult duty of care

  s2(2) - take such care as in all the circumstances... is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited... to be there
• occupier doesn't have to make visitor completely safe, only do what is reasonable
• Laverton v Kiapasha


  premises doesn't have to be completely safe just reasonably safe
• Rochester Cathedral v Debell


  occupiers do not have to guarantee visitor safety, keep them reasonably safe
• court of appeal decided - tripping, slipping and falling are everyday occurrences
• no occupier of premises can possibly ensure roads or precincts around a building maintained in a pristine state
• risk reasonably foreseeable where there's a real source of danger which a reasonable person would recognise as obliging the occupier to take remedial action
• judgements in both cases emphasised common duty of care imposes a duty on occupier to keep visitor reasonably safe not maintain completely safe premises
• state of premises must pose real source of danger before foreseeability of the risk of damage can be found
• visitor is a lawful visitor but exceeding permission, entering an unauthorised area, may become a trespasser and lose protection of 1957 act - rules of 1984 act may apply
• Cole v Davis-Gilbert


  duty does not have to extend liability for pure accidents or last indefinitely where there could be other causes of damage