168Liability of occupiers

168 Liability of occupiers (1) An occupier of premises owes a duty to take all care that is reasonable in the circumstances to ensure that anyone on the premises does not suffer injury or damage because of— (a) the state of the premises; or (b) things done or omitted to be done about the state of the premises. (2) Without limiting subsection (1), in deciding whether the duty of care has been discharged consideration must be given to the following: (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 the occupier has or should have about the likelihood of people 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; (g) the burden on the occupier of removing the danger or protecting the person entering the premises from the danger as compared to the risk of the danger to the person. (3) Part 7.1 (Damages for personal injuries—exclusions and limitations) and part 7.3 (Contributory negligence), other than section 102 (2), apply in relation to a claim brought by a person against an occupier of premises in relation to injury or damage. Other liability provisions Chapter 12 Occupiers liability Part 12.1 (4) This section replaces the common law rules about the standard of care an occupier of premises must show to people entering on the premises in relation to any dangers to them. (5) This section does not affect— (a) other common law rules about the liability of occupiers to people entering on their premises; or (b) any obligation an occupier of premises has under another Act or any statutory instrument or contract. occupier, of premises, includes the lessor of premises let under a tenancy who— (a) is under an obligation to the tenant to maintain or repair the premises; or (b) could exercise a right to enter the premises to carry out maintenance or repairs. Part 12.2 Liability for damage caused by animals Part 12.2 Liability for damage caused by animals 169 Evidence of breach of duty for animals (1) This section applies if an animal (other than a dog or cat) was on premises and— (a) the occupier of the premises— (i) could not lawfully prevent the animal from being on the premises; or (ii) had not consented to the animal being on the premises; and (b) someone other than the occupier of the premises was, when the animal was on the premises, under a duty to another person to take reasonable care that the other person would not be subjected to the danger of the animal causing damage to the other person; and (c) the animal caused damage to the other person. (2) The fact that the animal was on the premises when the damage was caused is evidence of breach of the duty. on includes in. premises does not include a place that is open to or used by the public as a road. Other liability provisions Chapter 12 Liability for fires accidentally begun Part 12.3