Occupiers are liable if any injury suffered by a visitor or trespasser is within the range of likely consequences. The injured person needs to prove that the injury suffered resulted from your negligence in failing to take action to prevent him or her from suffering an injury due to the defective railing or step. Whether or not you have been negligent depends upon a number of factors. If so, it can be assumed it would attract large numbers of people. If it was a private home it would attract a small number of visitors.
Accidents often occur at shopping centres.
There may be slippery floors or large gaping holes in the footpath where repair work is being carried out. Elderly people and children may find these conditions hazardous. The occupier must take proper precautions and ensure that shopping centres are safe places and take into account that elderly people and children can seriously injure themselves if there are any hazards. An important consideration is whether the injured person contributed to his or her injury by failing to take reasonable care. Occupiers of premises or land should always take great care and consider the type of person who is going to enter their property.