To establish a case of occupier's liability,a plaintiff must establish that:
A)the hazard was in the nature of a 'trap' and not obvious.
B)the defendant was negligent in not putting some protection in place or giving a warning.
C)the defendant has occupation or control of the land or structure.
D)all of the above.

Question

Quizplus · Accepted Answer

In order to establish a case of occupier's liability, all three of the aforementioned elements must be proven. The hazard must be more than just obvious, it must be a trap or hidden danger that the defendant knew or ought to have known about. The defendant must also have been negligent in not taking steps to protect against the hazard or to warn visitors of its presence. Finally, the defendant must have occupation or control of the land or structure where the hazard was present.

To Establish a Case of Occupier's Liability,a Plaintiff Must Establish