Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 14B

Liability of occupiers

14B. 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;

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

   (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.