In many cases, the visit is for reasons which benefit the owner or person in control of the venue eg if you are shopping or going to the cinema. Sometimes you are simply a visitor eg attending a building site to speak to a friend, and on other occasions you may have no reason to be on the site and hence you are a trespasser.
Since 1987, the law imposes a duty on a person having occupation and control of the property to take reasonable care to avoid exposing persons lawfully entering the property to a foreseeable risk of injury arising out of the condition of the property or out of a danger due to the state of the property or anything done (or not done) on the property.
The particular risk of injury from the hazard must be reasonable foreseeable. In other words, the risk must be one which was known or which ought to have been known by the person having occupation and control of the property.
Legislation in Western Australia outlines what action must be taken by the person in occupation and control of the property to satisfy the duty owed to the person lawfully on the property. Each claim will be considered on its merits but the court will determine if there is evidence to satisfy various tests. The probability of injury from the harm must have been sufficiently serious that some action should have been taken by the person in control of the property (without the benefit of hindsight), to eliminate or reduce the hazard. The burden in terms of cost, inconvenience etc on the person should also be considered.
Finally, injury suffered by the person must have been caused by the occupier failure to take proper care and again, there are various tests for determining this “causation” issue.