The duty of care owed by a private residential occupier to an invitee using a shared internal driveway is not to be equated with the duty of a highway authority responsible for kilometres of roadway. What constitutes reasonable care for their own safety on the part of entrants to private premises is likely to be less exacting than what is required of persons using public roads. Obviousness of risk, while relevant and significant, is only one factor in the Shirt calculus and does not obviate the need to consider all other factors including magnitude of risk, probability of occurrence, and expense of alleviating action.
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