Occupiers' liability - Occupiers' Liability Act 1957 (visitors)

Learning Outcomes

After studying this article, you will be able to explain the scope and application of the Occupiers' Liability Act 1957 as it relates to visitors. You will understand who qualifies as an occupier, what constitutes premises, the standard of care owed to different types of visitors, and the main statutory and common law defences available. You will be able to apply these principles to SQE1-style problem questions.

SQE1 Syllabus

For SQE1, you are required to understand occupiers’ liability as it applies to visitors under the Occupiers’ Liability Act 1957. In your revision, focus on:

• the statutory definition and scope of the duty owed by occupiers to visitors
• the meaning of "occupier" and "premises" under the Act
• the standard of care required and how it varies for children and skilled visitors
• the effect of warnings, consent, and contributory negligence as defences
• the practical implications for advising clients on occupiers’ liability

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the statutory test for the duty of care owed by an occupier to a visitor under the Occupiers’ Liability Act 1957?
2. Who can be considered an "occupier" for the purposes of the Act?
3. How does the standard of care differ for children compared to adults under the Act?
4. What is the effect of a warning sign on an occupier’s liability?
5. Can an occupier exclude liability for personal injury to visitors? If so, in what circumstances?

Introduction

The Occupiers' Liability Act 1957 sets out the legal responsibilities of those in control of premises towards visitors. The Act imposes a statutory duty of care, requiring occupiers to take reasonable steps to ensure that visitors are reasonably safe while on the premises for the purposes permitted. Understanding the scope of this duty, who it applies to, and the available defences is essential for SQE1.

Who is an Occupier?

The Act does not define "occupier," but case law establishes that an occupier is anyone with sufficient control over premises to ensure the safety of those who enter.

Key Term: occupier
A person who has a sufficient degree of control over premises to put them under a duty of care to visitors.

Multiple parties may be occupiers at the same time if they share control (e.g., landlord and tenant, owner and contractor).

Worked Example 1.1

Scenario: A landlord lets a flat to a tenant but retains control over the building’s common staircase. A visitor is injured on the staircase due to a loose handrail. Who is the occupier?

Answer: The landlord is the occupier of the staircase because they retain control over it, even though the tenant controls the flat itself.

What are Premises?

The Act gives "premises" a broad meaning, covering land, buildings, and also fixed or moveable structures such as scaffolding, ladders, vehicles, or vessels.

Key Term: premises
Land, buildings, and any fixed or moveable structure, including vehicles, vessels, and aircraft, to which the duty of care may apply.

Who is a Visitor?

A visitor is anyone who has express or implied permission to be on the premises. This includes:

• those invited for a specific purpose (e.g., customers, guests)
• those with implied permission (e.g., postal workers)
• those entering under a legal right (e.g., police with a warrant)

A person who exceeds the scope of their permission (e.g., entering a "Staff Only" area) becomes a trespasser and is not protected by the 1957 Act.

Key Term: visitor
A person who is lawfully on premises by express or implied permission, or by legal right.

The Common Duty of Care

Section 2(2) of the Act requires occupiers to take such care as is reasonable in all the circumstances to see that the visitor will be reasonably safe in using the premises for the purposes for which they are invited or permitted to be there.

Key Term: common duty of care
The statutory duty requiring occupiers to take reasonable care to ensure visitors are reasonably safe for the permitted purpose.

The duty is not to guarantee absolute safety, but to act as a reasonable occupier would in the circumstances.

Worked Example 1.2

Scenario: A supermarket mops up a spill and places a clear "Wet Floor" sign. A customer ignores the sign, slips, and is injured. Has the occupier breached the common duty of care?

Answer: No. The occupier took reasonable steps to warn of the danger. The customer’s injury was not due to a lack of reasonable care by the occupier.

Special Categories of Visitors

Children

Occupiers must be prepared for children to be less careful than adults. The standard of care is higher where children are likely to be present, especially if there are hidden dangers or attractive nuisances (allurements).

Key Term: allurement
Something on premises that is especially attractive and potentially dangerous to children, requiring extra precautions by the occupier.

However, the law expects parents to supervise very young children.

Skilled Visitors

Where a visitor is exercising a skill or trade (e.g., electrician, plumber), the occupier may expect them to guard against risks ordinarily incidental to their work.

Worked Example 1.3

Scenario: Two chimney sweeps are warned about dangerous fumes in a boiler room but proceed anyway and are injured. Is the occupier liable?

Answer: No. The occupier can expect skilled visitors to appreciate and guard against risks incidental to their calling.

Warnings and Discharging the Duty

An occupier may discharge the duty of care by giving adequate warnings of danger. However, a warning is only effective if it enables the visitor to be reasonably safe. General or unclear warnings may not suffice, especially for hidden dangers or where children are involved.

Exam Warning

A warning sign does not automatically absolve an occupier from liability. The warning must be clear, specific, and sufficient to enable the visitor to avoid the danger. If the danger is obvious, or the visitor is aware of it, a warning may not be necessary.

Liability for Independent Contractors

If a visitor is injured due to the work of an independent contractor, the occupier may avoid liability if:

• it was reasonable to entrust the work to a contractor
• reasonable steps were taken to ensure the contractor was competent
• reasonable steps were taken to check the work was properly done (unless highly technical)

Defences

Consent (Volenti Non Fit Injuria)

If a visitor knowingly and willingly accepts the risk of injury, the occupier may have a complete defence. The visitor must have full knowledge of the risk and voluntarily accept it.

Contributory Negligence

If the visitor fails to take reasonable care for their own safety, any damages may be reduced proportionally.

Exclusion of Liability

Occupiers may seek to exclude or restrict liability by notice or contract, but statutory controls apply. Under the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015, business occupiers cannot exclude liability for death or personal injury caused by negligence to consumers.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The Occupiers' Liability Act 1957 imposes a statutory duty of care on occupiers towards visitors.
• An occupier is anyone with sufficient control over premises, not just the owner.
• Premises include land, buildings, and fixed or moveable structures.
• Visitors are those with express or implied permission, or a legal right to enter.
• The standard of care is what is reasonable in all the circumstances.
• A higher standard is owed to children; a lower standard may apply to skilled visitors.
• Warnings must be adequate to discharge the duty of care.
• Defences include consent, contributory negligence, and (with limits) exclusion of liability.

Key Terms and Concepts

• occupier
• premises
• visitor
• common duty of care
• allurement