1957 Evaluation

• Act replaced common law which was complex and only covered some visitors.  Now covers all visitors who can sue for PI and property damage.  Act tries to balance occupiers and visitors.  Must keep visitors reasonably safe.  Fair to both – only need do what is reasonable (Laverton).
• Higher duty owed to child visitors as they can be less careful than adults.  Must guard against allurements - fair to child visitors.  As provides a balance as in Phipps the court stated that in some cases the occupier can expect young children to be supervised by the adult with them.
•   Fair to occupier:

  • -          Can pass liability to contractor.
  • -          Can raise defences of contributory negligence, consent and warning notices.
  • -          Have insurance to cover claims.
•     Fair to lawful visitors:


  • -          Gives them someone to sue (Wheat – can be more than one occupier so they can sue the one in the best position to pay damages).

  -          Greater protection for children

  -          Can sue for both property damage and personal injury.

  Should improve standards for future visitors.