1957 | Lawful visitors

• What is occupiers' liability?


  Occupier of premises owes an automatic duty of care to their visitors in respect of the dangers due to the state of the premises or to things done or omitted to be done on them.
• What is an occupier?

  Someone with control over premises - but does not need to be the owner (Wheat v E Lacon and Co Ltd)
• What are premises? (s1(3)(a))

  s1(3)(a) - No statutory definition given but does include examples - fixed or moveable structure, e.g houses, offices, buildings, land but also; a ship in a dry dock, vehicle, lifts and ladders.

  The danger must be due to the premises.
• Who are lawful visitors?

  Invitees, liscensees, those pursuant to a contract, and those with a statutory right of entry.
• What type of duty of care is owed to lawful visitors? (s2(1))

  s2(1) - Common duty of care
• What is the common duty of care owed to lawful visitors? (s2(2))


  s2(2) - To do what is reasonable to keep lawful visitors reasonably safe.

  • Does not have to be completely safe - (Laverton v Kiapasha Takeaway)
  • Trip, slips and falls are everyday occurrences - (Dean and Chapter of Rochester Cathedral v Debell)
• What duty of care is owed to children? (s2(3)(a))

  s2(3)(a) - A special duty of care

  The occupier must be prepared for children to be less careful than adults and premises should be reasonably safe for a child of that age.

  Occupier should guard against any allurements - (Glasgow Corporation v Taylor)

  Injury/danger must be foreseeable, though the type of injury does not need to be foreseeable - (Jolley v Sutton)

  Young children should be accompanied - (Phipps v Rochester Corporation)
• Carrying out a trade or calling (s2(3)(b))

  s2(3)(b) - Where D employs someone to undertake work on premises and someone is injured - that person is expected to appreciate and guard themselves against any special risks incidental to that trade or calling. (Roles v Nathan)
• Torts of independent contractors (s2(4)(b))

  s2(4)(b) - If injury caused due to negligence of contractor the claim may be passed to the contractor if:

  • It was reasonable for the occupier to give work to contractor. (Haseldine v Daw and Son Ltd)
  • Contractor must have been competent. (Bottomley v Todmorden Cricket Club)
  • Occupier must check work has been done properly. (if possible)
• Warning signs(s2(4)(a))

  (s2(4)(a)) - May be able to discharge duty but it must be enough to enable the visitor to be reasonably safe

  • Warning sign in a dark shed not adequate warning - (Rae v Marrs)
  • Danger of wet algae on wall should have been obvious and no further warning needed - (Staples v West Dorset District Council)
• What are the defences?


  • Contributory negligence - where C's behaviour fell below that of the reasonable person
  • Volenti non fit injuria (consent) - where C consented to the risk of injury
• What is the remedy in OLA 1957?


  Damages for personal injury and to property