Victorian Current Acts

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Liability of occupiers

    (1)     The provisions of this Part apply in place of the rules of the common law which before the commencement of the Occupiers' Liability Act 1983 determined the standard of care that an occupier was required to show towards persons entering on his premises in respect of dangers to them.

    (2)     Except as is provided by subsection (1) the rules of common law are not affected by this Part with respect to the liability of occupiers to persons entering on their premises.

    (3)     An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that any person on the premises will not be injured or damaged by reason of the state of the premises or of things done or omitted to be done in relation to the state of the premises.

    (4)     Without restricting the generality of subsection (3), in determining whether the duty of care under subsection (3) has been discharged consideration shall be given to—

        (a)     the gravity and likelihood of the probable injury;

        (b)     the circumstances of the entry onto the premises;

        (c)     the nature of the premises;

        (d)     the knowledge which the occupier has or ought to have of the likelihood of persons or property being on the premises;

        (e)     the age of the person entering the premises;

        (f)     the ability of the person entering the premises to appreciate the danger;

S. 14B(4)(fa) inserted by No. 49/2002 s. 3.

        (fa)     whether the person entering the premises is intoxicated by alcohol or drugs voluntarily consumed and the level of intoxication;

S. 14B(4)(fb) inserted by No. 49/2002 s. 3.

        (fb)     whether the person entering the premises is engaged in an illegal activity;

        (g)     the burden on the occupier of eliminating the danger or protecting the person entering the premises from the danger as compared to the risk of the danger to the person.

    (5)     Nothing in this section affects any obligation to which an occupier of premises is subject by reason of any other Act or any statutory rule or any contract.

S. 14C inserted by No. 9995 s. 2(2).

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