61. Duty to the public in respect of premises.

An occupier of premises adjoining a highway1 or other public place2 is under an obligation to take reasonable care not to injure members of the public, and is liable3 if, in consequence of failing to exercise such care, a person is injured:

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    (1)     where the occupier knew or ought reasonably to have known4 that the premises were in a state likely to cause injury to persons passing by either as a result of dangers on the surface of the highway5, or as a result of objects falling from above