Simon, who is nine years old, was recently injured after he wandered onto Regina's land. Simon was infected with a disease after he stepped barefoot on a syringe. The evidence indicates that Regina's land is routinely used by drug addicts to "shoot up." Regina was aware of that fact, but did nothing to stop it or post warning signs. Simon has sued Regina under the tort of occupiers' liability. Which of the following statements is TRUE?
A) If a court concludes that Simon's injury was caused by an activity on Regina's land, rather than the condition of Regina's land, then Regina may be held liable under statutory rules but not under the traditional common law rules.
B) If the statutory rules apply, then the court will apply the doctrine of common humanity.
C) The tort of occupiers' liability has been abolished in most provinces.
D) If the statutory rules apply, then Regina will be held liable only if she created the danger that caused Simon's injury.
E) If the common law rules apply to the facts, then it will be necessary to classify Simon as a trespasser, licensee, invitee, or contractual entrant.
Correct Answer:
Verified
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