Occupier's Liability

Question 1

What is the governing statute concerning Occupier’s Liability?

Answer 1

Occupier’s Liability (Scotland) Act 1960

Question 2

Occupiers liability is not restricted to heritable property, but extends also to include…

Answer 2

“Any fixed or moveable structure, including any vessel, vehicle or aircraft, and to persons entering thereon.” (S.1(3)(a)).

Question 3

Occupiers liability is restricted to private property only.

True or false?

Answer 3

False.

The duty covers public spaces as well.

Question 4

To who is occupiers liability imposed on?

Answer 4

The party in occupation or control of the property.

Question 5

The duty will not fall on the occupier if another party is in control, for example where a house has been vacated and left in the control of builders.

True or false?

Answer 5

True

Question 6

The burden falls on the pursuer to establish the action that the defender ought to have taken and didn’t.

True or false?

Answer 6

True

Question 7

Name the cases that support the general point that there is no duty to guard against obvious dangers.

Answer 7

Stevenson v Glasgow Corporation

Fegan v Highland Regional Council

Question 8

Name the case that supports the view that just because a danger is “obvious”, that in itself is not decisive without considering other relevant circumstances.

Answer 8

Cowan v Hopetoun House Preservation Trust.

(What is obvious in daylight may not be so in the dark and what can be clearly seen from one direction may be hidden when approached from another).

Question 9

If the occupier can prove that the pursuer knowingly assented to run the risk of injury (defence of volenti non fit injuria) will they be held not liable?

Answer 9

Yes.

The defence of volenti non fit injuria is a complete defence in regards to occupiers liability.