What is the duty owed by an occupier of a premises to an invitee to that premises?

Saskatchewan, Canada


The following excerpt is from Dehmke v. Westfair Foods Ltd., 2005 SKQB 309 (CanLII):

The duty owed by an occupier of a premises to an invitee to that premises was authoritatively set out in Indermaur v. Dames (1866), L.R. 1 C.P. 274, aff’d (1866), L.R. 2 C.P. 311 (Ex. Ct.). That principle provides: And, with respect to such a visitor at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know; and that, where there is evidence of neglect, the question whether such reasonable care has been taken, by notice, lighting, guarding, or otherwise, and whether there was contributory negligence in the sufferer, must be determined by a jury as matter of fact.

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