There are defences to Occupiers Liability Claims, and these are: 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 ...
A trespasser is someone who: Has no legal right to be on the premises Has not been invited to the premises Has no implied permission to be on the premises – such as the person who stays behind after a shopping centre closes. In the example provided, the person strayed ...
Slip and fall accidents occur when a lawful visitor to the occupiers premises slips and falls due to a slippery floor, uneven flooring, loose mats or rugs, dusty surfaces, or icy floors. Accidents of this type can happen indoors or outdoors. Liability will attach to the occupier if they are ...
To be a 'lawful visitor' to the premises, you must be able to show that you have: Actual permission – i.e. you were specifically invited to be on the premises. An example would be if you had a pre-arranged business appointment at the premises. Implied permission – this definition can ...
The definition of the word 'premises' for the purposes of bringing an Occupiers Liability Claim is a broad one. It includes land, buildings, vessels, vehicles and aircraft. (Occupiers Liability Act 1957, section 1(2).
For the purposes of the Occupiers Liability Act 1957, an occupier is a person (or 'persons') who wields sufficient control over the premises to be responsible for rectifying any defects in the property that they are aware of or ought to be aware of. Note that we refer to 'person ...
