When a person is hurt on someone else's land, the occupier rarely gives up without a fight. A solicitor advising an occupier — or acting against one — needs to know precisely which defences are available, how far they go, and what each one requires. The same facts that look like a strong claim can collapse once an obvious risk, a clear warning, or a partly-to-blame claimant comes into view.
This lesson takes you through the full toolkit of defences under the 1957 and 1984 Acts and the related legislation, so you can spot which arguments fit a given situation and weigh their strength.
What this lesson covers:
- Overview and No Duty Under the OLA 1984 — the main categories of defence, and the threshold conditions before any duty is owed to a non-visitor.
- No Breach: Obvious Risks and Children — when obvious dangers need no protection, and why children, allurements and parental supervision change the picture.
- Volenti and Warnings — what it takes to show a claimant accepted the risk, and when a warning discharges the duty.
- Independent Contractor Defence — when an occupier can pass responsibility to a competent contractor.
- Exclusion of Liability — how far private and business occupiers can limit or exclude their duty.
- Contributory Negligence — how a claimant's own fault reduces what they recover.