OUTER HOUSE, COURT OF SESSION [2007] CSOH 35 |
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PD1519/04 |
OPINION OF LORD McEWAN in the cause SANDRA THERESA McCRINDLE Pursuer; against GALA CASINOS LTD Defenders: ญญญญญญญญญญญญญญญญญ________________ |
Pursuer:
McCaffrey; Digby Brown
Defenders: Higgins; Simpson & Marwick
"... 'the duty is not to ensure the entrant's safety but only to show reasonable care. What is reasonable care must depend "on all the circumstances of the case".' One of the circumstances of the case is the age and intelligence of the entrant. That appears from the provision in section 2(1) that the duty is to show 'such care as in all the circumstances of the case is reasonable to see that that person will not suffer injury' (emphasis added). The question in each case relates to the particular person who has entered upon the premises ..."