An occupier of commercial premises over which multitudes pass daily cannot avoid liability for a structural defect in the premises merely because it lacked actual notice of the defect or had no reason to suspect it. The question under the Wyong Shire Council v Shirt test is what a reasonable person in the defendant's position would have foreseen, not what the defendant actually knew or suspected. A ramp is something which in the mind of a reasonable occupier would raise the risk of falls by slipping as a possibility to be investigated.
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