Occupiers' Liability and Negligence
A claim under one of the Occupiers' Liability Acts does not exclude a simultaneous claim in negligence, known as suing "in the alternative". Very often, both claims are brought at the same time.
As in negligence, once the claimant has proved that the defendant was in breach of his duty towards him under the Occupiers' Liability Act, he must go on to prove damage and factual and legal causation. Defences, such as contributory negligence, assumption of risk, ex turpi causa etc. will equally apply to actions under the Occupiers' Liability Acts.
Read more about this topic: Occupiers' Liability In English Law
Famous quotes containing the word negligence:
“The youngest of four sons, but not the youngest of the family!—you conceive the sort of negligence that creeps over even the kindest maternities, in such case ...”
—Walter Pater (1839–1894)