There are defences to Occupiers Liability Claims, and these are:

  1. Volenti non fit injuria – loosely translated from Latin- means the person making a claim consented to the risk of injury suffered. This may cover a case where a lawful visitor to the occupier’s premises decides to undertake an activity on the premises despite the occupier warning them it would be dangerous, and the visitor suffers injury.
  2. Contributory negligence – where the visitor’s actions contribute to the injuries they suffer, albeit the occupier was still liable for the accident in the first place. A finding by a court of contributory negligence only reduces the compensation the visitor who makes the claim will receive.
  3. The occupier has taken reasonable steps to warn visitors of any dangers and clearly communicated the risks to them.