Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsections (2) and (3) the care which an occupier of premises is
required by reason of the occupation or control of the premises to show
towards a person entering on the premises in respect of dangers which are due
to the state of the premises or to anything done or omitted to be done on the
premises and for which the occupier is by law responsible shall, except in so
far as he is entitled to and does extend, restrict, modify or exclude by
agreement or otherwise, his obligations towards that person, be such care as
in all the circumstances of the case is reasonable to see that that person
will not suffer injury or damage by reason of any such danger.
(2) The duty of care
referred to in subsection (1) does not apply in respect of risks
willingly assumed by the person entering on the premises but in that case the
occupier of premises owes a duty to the person not to create a danger with the
deliberate intent of doing harm or damage to the person or his property and
not to act with reckless disregard of the presence of the person or his
property.
(3) A person who is on
premises with the intention of committing, or in the commission of, an offence
punishable by imprisonment is owed only the duty of care referred to in
subsection (2).
(4) Without
restricting the generality of subsection (1), in determining whether an
occupier of premises has discharged his duty of care, 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 of premises 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; and
(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.