Tort Law: Analyzing Occupiers Liability and Psychiatric Injury Claims

This discussion forum delves into the evolving landscape of Tort Law, specifically focusing on Occupiers Liability and Psychiatric Injury claims in the wake of the Covid-19 pandemic. It explores whether business occupiers might be liable for the failure of employees or patrons to adhere to proper guidelines, particularly in settings like care homes. The discussion further examines the flexibility of current Occupiers Liability statutes in addressing Covid-related issues and considers the potential need for new legislation. Additionally, it contemplates the anticipated rise in psychiatric injury claims due to the pandemic's impact on mental health, questioning whether stricter judicial guidelines or parliamentary intervention would be beneficial in shaping the law surrounding these claims. The arguments are supported by references to relevant books and journals in the field of Tort Law.

Tort Law

Contents
DISCUSSION FORUM...................................................................................................................3
1. As such, do you think the Covid pandemic will shape the evolution of a business occupiers
liability? Might an occupier be liable if an employee, or even a business patron, fails to follow
proper guidelines? This has already been an issue in certain care homes within the UK...........3
2. Would you argue that the current occupiers liability statutes are flexible enough to deal with
Covid related issues or does a new statute need to be considered?.............................................3
3.Furthermore, might the pandemic see an eventual rise in claims for psychiatric injury, given
the clear impact on mental health?..............................................................................................4
4. Do you think this will shape the law, with the judiciary developing even more strict
guidelines for recovery?..............................................................................................................4
5. Do you think Parliament might step in to legislate psychiatric injury claims, would this be
beneficial?....................................................................................................................................4
REFERENCES................................................................................................................................5

DISCUSSION FORUM
1. As such, do you think the Covid pandemic will shape the evolution of a business occupiers
liability? Might an occupier be liable if an employee, or even a business patron, fails to
follow proper guidelines? This has already been an issue in certain care homes within the
UK.
When any employee or the business patron have failed to follow the proper guidelines in
the organization, there may be instances when the business occupier be held liable for it. This
comes under the concept of occupier’s liability wherein it has the duty to take the reasonable
steps in order to protect the visitors on the premises against any foreseeable or known risk of the
harm. Here, the occupier is not just the owner rather it may be any person who has control over
premises. Hence, after the pandemic of covid-19, this will shape evolution of liability of business
occupiers as the court will have to consider whether the business has taken certain steps to alert
the invitees of the potential dangers at business and several policies must also be framed and
enforced1.
2. Would you argue that the current occupiers liability statutes are flexible enough to deal with
Covid related issues or does a new statute need to be considered?
As per Occupier’s liability, the current statute has the ability to deal with the issues of the
covid-19 as it appropriately states the instances wherein the occupier is held liable. But if a new
statute is being enacted which specifically deals with the issues of covid-19 as there may be
instances when confusion or chaos may occur when dealing with cases of occupier’s liability2.
This new statute will deal with instances of covid-19 specifically and this will prevent the
confusion which may arise in between the reasonable care before and after the covid.
3.Furthermore, might the pandemic see an eventual rise in claims for psychiatric injury, given
the clear impact on mental health?
As covid-19 has been the major aspect which has affected the mental health of the people
as it has included the considerable degree of the worry, fear and concern in population at the
1 Odgers F, 'Tort—Occupiers' Liability—Notice Excluding Liability—Employers' Liability To Servant'
(1957) 15 The Cambridge Law Journal.
2 Ripstein A, 'Tort Law In A Liberal State' (2017) 1 Journal of Tort Law.

large and also in many groups such as older adults. This may lead to more claims for the
psychiatric injury as the fear in the mind of people due to covid may give rise to more worry and
fear, resulting in more over reaction to the events, thereby resulting in eventual rise in the claims
for psychiatric injury3.
4. Do you think this will shape the law, with the judiciary developing even more strict
guidelines for recovery?
In order to recover from the psychiatric injury, when judiciary will bring more of the strict
guidelines, it will help in shaping the law as the judiciary will come up with the guidelines as per
the new changes in the society which are required to be brought. The strict guidelines will help in
shaping the law as it is not possible to bring immediate changes in the legislations but judiciary
can come up with new stricter guidelines so that these changes are reflected in the law4.
5. Do you think Parliament might step in to legislate psychiatric injury claims, would this be
beneficial?
If the Parliament step in in order to legislate the psychiatric injury claims, this may benefit
the people as the statutory law has more relevance as compared to common law and if a
particular statute is being enacted, it will help in making people aware of these claims which can
be done when they suffer any psychiatric injuries. Currently there is no law on the claims for
psychiatric I jury rather it is being dealt with the help of common law system only. So if
Parliament steps in to legislate these claims, it can be beneficial as more clarity will be given to
the law5.
3 Connolly U, Tort (Thomson Round Hall 2019).
4 Lahe J, 'Punitive Damages In Estonian Tort Law?' (2017) 2 Journal of European Tort Law.
5 Jolowicz J, 'Contract And Tort—Solicitors—Professional Negligence Is A Tort' (2019) 38 The
Cambridge Law Journal.

REFERENCES
Books and Journals
Connolly U, Tort (Thomson Round Hall 2019)
Jolowicz J, 'Contract And Tort—Solicitors—Professional Negligence Is A Tort' (2019) 38 The
Cambridge Law Journal
Lahe J, 'Punitive Damages In Estonian Tort Law?' (2017) 2 Journal of European Tort Law
Odgers F, 'Tort—Occupiers' Liability—Notice Excluding Liability—Employers' Liability To
Servant' (1957) 15 The Cambridge Law Journal
Ripstein A, 'Tort Law In A Liberal State' (2017) 1 Journal of Tort Law