What is the primary duty of care owed to an invitee on an occupier's premises?

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The primary duty of care owed to an invitee on an occupier's premises is to protect the invitee from any dangers that the occupier is aware of or should have been aware of. This duty requires the occupier to regularly inspect their premises and address any hazards that could potentially harm invitees. It emphasizes the importance of reasonable knowledge and the obligation to maintain a safe environment for those who are invited onto the property.

This level of care ensures that invitees, who are on the premises for the occupier’s benefit (such as customers in a store), are safeguarded against known risks. The law does not require the occupier to guarantee absolute safety or eliminate all potential hazards, which recognizes that some risks are inherent and unavoidable—instead, the focus is on what the occupier should reasonably know and control.

Understanding this duty helps clarify the responsibilities of property owners and the expectations that both invitees and occupiers have concerning safety.

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