An occupier of commercial premises owes a duty of care to patrons to take reasonable steps to prevent injury from the activities of rowdy or dangerous third parties, arising from the occupier's power to control who enters and remains on the land. However, a manager's failure to order removal of disruptive patrons and summon police may constitute a mere error of judgment rather than negligence, particularly where the misbehaviour is of brief duration, the third parties have initially complied with warnings, and the manager must make a difficult on-the-spot assessment. The onus remains on the plaintiff to prove that the third parties would have left if ordered to do so.
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