Occupiers Liability 1957

• Premises - s1(3)(a) 'fixed or movable structure'
• Occupier - 'degree of control over the premises' (Wheat v Lacon)
• Lawful Adult Visitors:

  • Invitees
  • Licensees
  • Contractual permission
  • Statutory right
• s2(2) - 'Take such care as ... is reasonable to see that the visitor will be reasonably safe'
• Laverton v Kiapasha Takeaway Supreme - Duty on occupier to keep the visitor reasonably safe, not necessarily to maintain completely safe premises
• s2(3)(b) - 'appreciate and guard against any special risks ordinarily incident to it so far as the occupier leaves him free to do so'
• s2(4)(b) - 'Acted reasonably in entrusting the work to the independent contractor ... taken such steps ... to ensure that contractor was competent and the work had been properly done'
• Independent contractors: Three requirements

  1. Reasonable for the occupier to have given work to the independent contractor (Haseldine v Daw & Son Ltd)
  2. Contractor hired must be competent to carry out the task (Bottomley v Todmorden Cricket Club)
  3. Occupier must check the work has been properly done (Woodward v The Mayor of Hastings)
• s2(3)(a) - 'must be prepared for children to be less careful than adults [and as a result] the premises must be reasonably safe for a child of that age'
• Child Visitors: Should guard against any kind of allurement or attraction

  Glasgow Corporation v Taylor
• Child Visitors: Very young children = parents should be responsible for supervising the child

  Phipps v Rochester Corporation
• Defences: Warning Notices s2(4)(a)


  • Warning ineffective unless 'In all the circumstances it was enough to enable the visitor to be reasonably safe' (Rae v Marrs Ltd)
  • Danger is obvious + visitor appreciates it - no additional warning necessary (Staples v West Dorset District Council)
• Defences: Exclusion Clauses s2(1) 


  • Occupier is able to 'restrict, modify, or exclude his duty by agreement or otherwise'
  • If there are such clauses in a warning notice they are ineffective and cannot operate as a defence