Ms J Was Severely Injured as the Result of a Fall

question 82

Multiple Choice

Ms. J was severely injured as the result of a fall sustained when a portion of a fence surrounding a private cemetery gave way as she was attempting to climb over to visit a grave site. Which of the following is true with regard to an occupier's liability?

• A) The standard of care is set by a federal statute and is therefore the same for all the provinces.
• B) The standard of care required of the occupier is set by provincial statute.
• C) An occupier owes no duty of care to a trespasser.
• D) There is no duty of care owed to persons who come onto another's property whether invited or not; people must take responsibility to look after themselves.
• E) The duty imposed by the statute is on the landowner not the tenant.

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