33. The standard of care.

In the light of the circumstances of the case the court has to decide as an issue of fact whether the defendant has failed to achieve the standard required by the Occupiers' Liability Act 1957 for the common duty of care1. At common law the courts developed the following principles with regard to injured children. In deciding whether there is a danger, regard must be had to the physical and mental powers of a child visitor2; in short, what is not a danger to an adult may be a danger to a child