Section 5B of the Civil Liability Act 2002 (WA) relates to breach of a duty of care and does not modify or supplant the common law principles which determine whether a duty of care exists. A landlord of residential premises is not required to fill minor depressions in lawns that are of a kind ordinarily expected in suburban premises; such irregularities do not constitute dangers requiring remedial action, even where the premises are occupied by elderly persons. The question of the juridical basis of an occupier's duty of care under the OLA — whether the OLA covers the field or concurrent common law duties exist — remains unresolved in Western Australia.
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