Tort Law: Occupiers' Liability

Occupiers' liability governs harm suffered because of the state of premises. Two statutes split the question by the status of the entrant: the Occupiers' Liability Act 1957 covers lawful visitors, and the Occupiers' Liability Act 1984 covers trespassers and other non-visitors.

1. Who Is an Occupier?

There is no statutory definition. An occupier is the person with a sufficient degree of control over the premises, and there can be more than one occupier at the same time.

2. Lawful Visitors: the 1957 Act

An occupier owes lawful visitors the common duty of care under section 2(2): a duty to take such care as is reasonable to see that the visitor is reasonably safe in using the premises for the purposes for which they are invited or permitted to be there.

Children, warnings and contractors

An occupier must be prepared for children to be less careful than adults (s.2(3); Glasgow Corporation v Taylor, Jolley v Sutton LBC). A warning may discharge the duty if it is enough to keep the visitor reasonably safe (s.2(4)(a)). Damage from faulty work by an independent contractor will usually not bind the occupier where it was reasonable to entrust the work and check it (s.2(4)(b); Haseldine v Daw).

3. Trespassers: the 1984 Act

A duty to a trespasser arises only if the occupier is aware of the danger, knows or has reasonable grounds to believe the trespasser may come into its vicinity, and the risk is one against which they may reasonably be expected to offer some protection (s.1(3)).

4. Worked Example

The shopper is a lawful visitor. The unmarked spillage is a breach of the common duty of care under s.2(2) of the 1957 Act, since a reasonable occupier would inspect and clear or sign it.

The teenager is a trespasser. A duty may arise under the 1984 Act because the manager knew of the danger and that intruders sometimes climbed in, so some protection (fencing, warnings, isolating the machinery) was reasonable.

Examiner Insights

Conclusion

Occupiers' liability rewards a disciplined structure: identify the occupier by control, classify the entrant, then apply the right statute and its key cases. Get the framework right and the marks follow.