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OCCUPIERS LIABILITY Seek to recover DAMAGES for injuries sustained on the…

- - - - Owed DUTY OF CARE
        
        Duffy V Carnabane Holdings Ltd (1996)
        
        Court Held: Liable, not taken reasonable care to ensure safety of , evidence of broken glass on floor time wasn't reasonable
      - Occupiers take REASONABLE CARE ensure do not suffer injury or damage by REASON OF ANY DANGER EXISTING on premises
      - STANDARD OF CARE
        
        Level of care for OWN SAFETY
        
        Level of care in their COMPANY, CONTROL
      - DEFENCE
        
        Contributory Negligence
  - - - Not injure INTENTIONALLY
      - Not act with RECKLESS DISREGARD for them & property
      - Weir Rodgers V S.F Trust Ltd (2005)
        
        Court Held: Def liable as danger REASONABLY FORESEEABLE, reduced award by 25% Contributory Negligence initially. SUPREME COURT: Duty of Care owed to recreational user - not to injure them intentionally or act with reckless disregard. Obvious to take care of danger. Def NOT LIABLE
  - - - Same as Recreational user
        
        Williams V TP Wallace Construction Ltd (2002)
        
        Court Held: Manager was trespasser inspecting gutters unannounced. Failure to tie ladder was NOT RECKLESS DISREGARD