Occupiers Liability and Psychiatric Harm: A Case Study

Case Study occupiers
liability and psychiatric
harm

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
Leo and Mille...................................................................................................................................3
Nia and Owen..................................................................................................................................6
CONCLUSION ...............................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
The UK common law is complex and diversified. The law of tort is defined as civil
wrong that makes person liable for wrongful act and allows the inured party to claim
compensation or damages. The UK common law is based on the principle of equity which means
just, fair and reasonable treatment with all the citizens. There are several legislation that are laid
down for the protection of civil wrong and provides remedy to the victims (Birkinshaw, 2003).
The occupier's liability is referred as the duty owned by landowner to individual who comes
onto their premises. It is not necessary that the occupier resides, work and physically present but
is any kind of injury occurs on their land will be held liable for his act of negligence. The
occupier's liability Act of 1957 specifically based on the principle of remoteness of damage as it
involves an element of breach of duty, personal injury and damage to other person. This report
will cover the liability of CPL in relation to Leo and Mille, and liability of CPL against Nia and
Owen. Further, it will analyse the relevant provision and case laws of Occupier's liability Act in
support of the victims.
TASK
Leo and Mille
Carlton Parks Limited (CPL) is a theme park situated in outskirts of Chestermouth. This
theme park is well- known for its various tragic incident that take place recently. The first
incident was taken place when Leo, an eight years old girl visited the theme park along with her
parents. Leo grasped against the wooden railing that has separated from lower side and due to
which Leo has been fallen down and suffered serious injury of fractured on her wrist and collar
bone.
The Occupier's liability Act: This concept is based on the law of tort. The act of
negligence comes under the purview of occupier liability act and made them liable for his act. Th
Act of 1957 was introduced to protect the safety and security of individual who are using the
land of the owners. But it was amended by the occupier's liability Act of 1984 in order to extend
the scope of the previous Act (Binchy, 2018). Earlier, this Act was only covered the liability of
occupier who are lawfully visit their land but after the enactment of 1984, this includes the
unlawful visitors as well to protect them from causing personal injury or loss by the act of