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Amendment of section 3 of Act of 1995
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40. Section 3 of the Act of 1995 is amended—
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(a) by the insertion of the following subsection after subsection (1):
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“(1A) Without prejudice to the generality of subsection (2), in determining the extent of the common duty of care of an occupier towards a visitor, and whether it has been complied with by the occupier, regard shall be had, as appropriate, to all of the circumstances and matters referred to in that subsection, which shall include but are not limited to the following:
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(a) the probability of a danger existing on the premises;
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(b) the probability of the occurrence of an injury to, or of damage suffered by, a visitor by reason of a danger existing on the premises;
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(c) the probable severity of an injury to a visitor that might result from a danger existing on the premises;
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(d) the practicability, and the cost, of precautions or preventative measures;
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(e) where applicable, the social utility of the activity or conduct that gives rise to the risk of injury or damage referred to in paragraph (b).”,
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and
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(b) in subsection (2), by the substitution of “section and subject to section 5A” for “section”.
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