Occupiers' Liability Special Considerations, Children and Independent Contractors - Andrew Mckie, Clerksroom
22/06/14. When dealing with occupiers’ liability cases, there are a number of important considerations and special circumstances to be taken into consideration when dealing with such cases. This chapter will look at the special considerations such as cases involving children and independent contractors, provide a summary of the cases in this area and special considerations to be given and for claimant solicitors when looking at such cases.
This directly links into the chapter of the book that deals with occupiers liability cases in general.
Infants
Section 23 of the Occupiers’ Liability Act 1957 says as follows:-
“The circumstances relevant for the present purposes including the degree of care, and of want of care, which would ordinarily be looked for in such a visitor, so that for example in proper cases – (a) the occupier must be prepared for children to be less careful than adults and an occupier may expect that a person in the exercise of his calling will appreciate and guard against any special risk ordinarily incident to it so far as the occupiers leaves him...
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