Compliance with the building ordinance or standard in force at the time of construction of a stairway does not conclude the issue of breach of duty; an occupier who knows or ought to know that a stairway is in regular use must take reasonable steps to address foreseeable risks, including by installing relatively cheap preventative measures such as a mid-rail. The cost element of the Shirt calculus does not always require precise costing evidence where the measure is obviously practical and inexpensive.
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