A visitor is a person who has express or implied permission to enter upon and/or remain within certain premises.
An occupier owes all his visitors a common duty of care concerning dangers arising from the state of the premises, thing done or omitted to be done.
The occupier is bound to take such care as in all the circumstances of the case is reasonable to see that the visitor is reasonably safe in the use of the premises for the purpose for which he is invited or is permitted to be there.
In determining whether an occupier has discharged the common duty of care, regard is had to:
- Whether the occupier had adequately warned the visitors of the danger.
- Whether the visitor has willingly accepted the risk.
- Whether the visitor was discharging his calling.
- Whether the visitor or invitee is an infant