1 Duty of occupier to persons other than his visitors

1  Duty of occupier to persons other than his visitors

(1)     The rules enacted by this section shall have effect, in place of the rules of the common law, to determine—

(a)     whether any duty is owed by a person as occupier of premises to persons other than his visitors in respect of any risk of their suffering injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them; and

(b)     if so, what that duty is.

(2)     For the purposes of this section, the persons who are to be treated respectively as an occupier of any premises (which, for those purposes, include any fixed or movable structure) and as his visitors are—

(a)     any person who owes in relation to the premises the duty referred to in section 2 of the Occupiers' Liability Act 1957 (the common duty of care), and

(b)     those who are his visitors for the purposes of that duty.

(3)     An occupier of premises owes a duty to another (not being his visitor) in respect of any such

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