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First Principles of Business Law |
| The tort of Negligence |
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4. 3. Recognised duty situations or relationships |
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4.3.6. Occupiers |
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Read the facts below and then answer the question. A is the owner and manager of a coffee shop. Each day she washes the floors of the shop with soapy water. This makes the floors slippery and A always places a sign at the front entrance which says: 'Danger - wet floors'. One day, A washes the floors and then opens the rear entrance of the shop to put out the trash. B, a mischievous child, sees the rear door is open and enters the shop that way. No warning signs are visible at that entrance. B slips and falls, injuring himself. A argues that, in Australian law, special rules are applied to decide whether occupiers of premises owe a duty of care to persons who enter their premises. In this case, she says, B was a 'trespasser' to whom no duty would extend in these circumstances. Is A correct? |
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