Occupiers' Liability in English Law - Occupiers' Liability and Negligence

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.