Remaining aspects of occupier's liability claim (Act 1957 - Occupiers’ Liability)- FS Flashcards
(12 cards)
What four elements must a claimant prove for a successful claim under the Occupiers’ Liability Act 1957?
1) Loss caused by the state of the premises
2) Identification of the occupier,
3) Proof that the claimant was a lawful visitor, and
4) Breach of the common duty of care.
What two further legal elements must be established after breach of duty is found under the 1957 Act?
The claimant must establish causation and remoteness in line with general negligence principles.
What does causation require in the context of occupiers’ liability?
That the occupier’s breach of duty caused the loss, without any intervening act that would break the chain of causation.
What principle governs whether a claimant’s loss is too remote to recover under the 1957 Act?
The loss must be a reasonably foreseeable consequence of the breach; this follows the same rules as in general negligence.
What is the legal effect of consent (volenti non fit injuria) under the 1957 Act?
Consent acts as a complete defence if the claimant knew the nature of the risk and willingly accepted it.
What statutory provision in the 1957 Act governs the defence of consent?
Section 2 of the Occupiers’ Liability Act 1957 explicitly preserves the defence of voluntary assumption of risk.
When is the defence of consent most likely to succeed under the Occupiers’ Liability Act 1957?
Where the claimant had full knowledge of the risk, and there were clear warnings or safety measures which the claimant chose to ignore.
What is contributory negligence, and how does it apply under the Occupiers’ Liability Act 1957?
It is a partial defence where the claimant’s own lack of care contributed to the injury, leading to a reduction in damages.
What legislation governs contributory negligence in the context of occupiers’ liability claims?
Section 1 of the Law Reform (Contributory Negligence) Act 1945, as incorporated into the 1957 Act framework.
What must a court consider when assessing contributory negligence under the 1957 Act?
The degree of care taken by the visitor, and whether the harm could have been avoided or mitigated by their own actions.
Can a visitor still recover damages if found partly at fault under the contributory negligence principle?
Yes, but the damages will be reduced in proportion to the visitor’s own contribution to the harm.
How might a court handle a case where a lawful visitor deliberately ignores a known hazard?
The court may find the occupier liable for breach, but reduce damages for contributory negligence, or may find the visitor fully consented, depending on the circumstances.
