A public authority operating a car park breaches its duty of care where it creates or allows a hazard (such as a log at shin height) to remain in an area of complete darkness where members of the public are expected to walk, and the burden of providing lighting or blocking access is not great. The statutory threshold for past gratuitous care under s 15(3) CLA requires at least 6 hours per week for at least 6 consecutive months, and a witness's general estimate of approximately 2 hours per day of additional domestic assistance, if accepted by the trial judge, is sufficient to meet this threshold even where expert evidence suggests lower specific figures.
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