An occupier of commercial premises who retains control of common areas including footpaths owes a duty of reasonable care to entrants and cannot discharge that duty by relying on a third party (such as a local council) to attend to repairs, even where the third party has voluntarily assumed the task. A party that voluntarily undertakes repairs to property it does not own comes under a duty to carry out those repairs to a reasonable standard or to institute a program of inspection and maintenance. The standard of self-care expected of entrants to retail premises is likely less exacting than that expected of road users, given the different relationships involved.
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