1. Children
Section 3(3)(a) of the Occupiers Liability Ordinance (Cap. 314) recognises that children may be less careful than adults, so occupiers may need to take this into account. What is safe for an adult may not necessarily be safe for a child. Relevant matters may include the child’s age, the nature of the danger, whether children were likely to be present, whether the danger was likely to attract them, how serious the risk was, and how easy it would have been to make the premises safer.
At the same time, occupiers are generally entitled to expect a reasonable degree of parental supervision, especially in the case of very young children. In some circumstances, it may be reasonable to expect such children to be accompanied by a responsible adult, and that expectation may affect the precautions the occupier is required to take.
