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 on the premises despite the occupier warning them it would be dangerous, and the visitor suffers injury.
- Contributory negligence – where the visitor’s actions contribute to the injuries they suffer, albeit the occupier was still liable for the accident in the first place. A finding by a court of contributory negligence only reduces the compensation the visitor who makes the claim will receive.
- The occupier has taken reasonable steps to warn visitors of any dangers and clearly communicated the risks to them.