header-logo header-logo

17 February 2021 / Richard Buckley
Issue: 7921 / Categories: Features , Property , Personal injury
printer mail-detail

Occupiers’ liability: A risky business?

39777
Occupiers’ liability: claims by risk-takers, investigated by Richard Buckley
  • A visitor’s freely chosen risk does not necessarily negate an occupier’s liability.
  • A valuable reminder that all cases on occupiers’ liability depend on their own facts.

Can an adult visitor, who exposes himself to an obvious risk on an occupier’s premises, complain when the danger materialises? A passage in a well-known case could, if taken out of context, lead to the belief that this question will invariably be answered in the negative. A welcome new decision of the Court of Appeal has shown, however, that this is not necessarily so. The decision also highlights the fact-sensitivity of occupiers’ liability cases, and the importance of the defence of contributory negligence. In White Lion Hotel v James [2021] EWCA Civ 31, [2021] All ER (D) 61 (Jan) the claimant’s husband fell to his death while sitting on the sill of an open window at the defendants’ hotel. His wife sued the owners of the hotel for breach of the ‘common duty of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll