Occupiers’ Liability

Occupiers’ liability is a key area of tort law, focusing on the duty owed by those in control of premises to individuals who enter them. The main statutes are:

• Occupiers’ Liability Act 1957 – covers lawful visitors
• Occupiers’ Liability Act 1984 – covers trespassers

Liability in Respect of Lawful Visitors (Occupiers’ Liability Act 1957)

Definition of a Lawful Visitor

A lawful visitor is anyone who has permission (express or implied) to be on the occupier’s premises. This includes:

• Invitees: those invited onto the premises for a specific purpose
• Licensees: those with permission to be there, even if not for a specific purpose
• Those with a legal right of entry (e.g., police officers with a warrant)
• Contractual entrants (e.g., paying customers at a shop or cinema)

Duty Owed to Lawful Visitors

The 1957 Act requires occupiers to take reasonable care to ensure that lawful visitors are reasonably safe for the purpose of their visit. This is known as the "common duty of care".

• The duty covers the state of the premises as well as things done or omitted on them.
• Children: Occupiers must be prepared for children to be less careful than adults.
• Specialist visitors (e.g., tradespeople): Occupiers can expect them to guard against risks related to their expertise.

When Is the Duty Breached?

The duty is breached if the occupier fails to do what a reasonable occupier would have done to keep visitors safe. Key points include:

• Was the hazard foreseeable?
• Were reasonable precautions taken (e.g., warning signs, repairs)?
• Did the visitor act in an unexpected or reckless way?

Defences Available to Occupiers (1957 Act)

• Warnings: A clear warning may discharge the duty if it enables the visitor to be reasonably safe.
• Volenti non fit injuria: If the visitor willingly accepts the risk, the occupier may not be liable.
• Contributory negligence: If the visitor contributes to their own harm, damages may be reduced.
• Exclusion of liability: In some cases, occupiers can limit or exclude liability with proper notice (subject to statutory limits, especially regarding business premises).

Liability in Respect of Trespassers (Occupiers’ Liability Act 1984)

Definition of a Trespasser

A trespasser is someone who enters premises without permission or lawful authority. This includes those who overstay their welcome or stray from permitted areas.

Duty Owed to Trespassers

The 1984 Act imposes a more limited duty. Occupiers must take reasonable care to prevent injury from dangers they are aware of, or should be aware of, if:

• They know or have reasonable grounds to believe someone may come into the vicinity of the danger, and
• The risk is one against which they may reasonably be expected to offer some protection.

The duty is only owed for injury (not property damage).

When Is the Duty Breached?

Breach occurs if the occupier fails to take reasonable steps to prevent injury from dangers they know about or ought to know about. The standard is lower than for lawful visitors. Factors include:

• Nature and seriousness of the danger
• Likelihood of trespassers being present
• Age and vulnerability of potential trespassers (e.g., children)
• Practicality and cost of taking precautions

Defences Available to Occupiers (1984 Act)

• Warnings: Effective warnings may discharge the duty, especially for adult trespassers.
• Volenti non fit injuria: No liability if the trespasser willingly accepts the risk.
• Contributory negligence: Damages may be reduced if the trespasser’s actions contributed to the harm.

Key Distinctions and Summary

• The duty owed to lawful visitors (under the 1957 Act) is broader than that owed to trespassers (under the 1984 Act).
• Defences such as warnings, acceptance of risk, and contributory negligence are available under both statutes, but the scope and application may differ.
• Occupiers should always consider the likelihood of people entering their premises and take reasonable steps to keep them safe, according to their status as visitor or trespasser.