lawful visitors and the 1957 act

• The Occupiers’ Liability Act 1957 imposes a duty on occupiers to ensure that lawful visitors are reasonably safe – not completely safe – while on their premises. This is an objective test, similar to the general negligence test
• The 1957 Act allows claims for both personal injury and property damage. This ensures compensation is available when a visitor suffers harm due to the occupier’s fault
• However, there’s concern that this has contributed to a ‘compensation culture’, where claimants may expect to be compensated for any injury, even if the occupier acted reasonably.
• Courts have pushed back against this trend, emphasising personal responsibility. In Laverton v Kiapasha Takeaway (2002) and Rochester Cathedral v Debell (2016), claimants failed because the premises were reasonably safe, even if accidents still occurred.
• • This strikes a fair balance: it holds occupiers accountable while reminding visitors they must take care for their own safety.