fairness of the law on occupiers

    Cards (3)

    • How does occupier's liability balance compensation and responsibility ?
      It ensures injured visitors are compensated when the occupier is at fault, while emphasizing personal responsibility for individual safety, particularly in cases involving public or private premises.
    • Why is it harder for tresspassers to claim under the 1984 act?
      Tresspassers face stricter requirements, as claims are often denied for obvious dangers. In Tomlinson v Congleton BC, a trespasser was injured diving into shallow water despite warning signs, and the court found no duty of care owed due to the claimant’s own actions.
    • What is a societal impact of failed claims in occupier's liability?
      When claims fail, the cost of care for injured claimants often falls on the state, creating a broader financial burden while highlighting the limits of tort law in compensating injured parties.