Defences in occupier's liability claims
Produced in partnership with Andrew Wilson
Defences in occupier's liability claims

The following PI & Clinical Negligence guidance note Produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • Defences in occupier's liability claims
  • Contributory negligence
  • Consent
  • Illegality
  • Warnings
  • Exclusions
  • Delegation to a competent independent contractor

The following defences may be advanced by an occupier.

Contributory negligence

The Law Reform (Contributory Negligence) Act 1945 has application in cases brought under both the 1957 Act and the 1984 Act. The occupier may allege that the visitor's injuries were caused or contributed to by their own actions: see Practice Note: Was there contributory negligence by the claimant?

Consent

Consent or volenti non fit injuria (often referred to simply as volenti, and meaning the voluntary assumption of risk) is a defence that can be advanced because an occupier is not under an obligation to take reasonable care of a visitor in respect of risks willingly accepted by the visitor (if they then sustained self-inflicted injuries as a result of taking risks in the face of obvious warnings). If accepted by the court, this is a complete defence.

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