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OCCUPIERS’ LIABILITY
Special Liability Regime
Occupiers’ Liability is sometimes referred to as a ‘SPECIAL LIABILITY REGIME’
because of the combination of statutory regulation and case law negligence in order
to produce a package of obligations imposed on the occupier of the premises.
⚖️ Occupiers’ liability is governed by two statutes - the Occupiers’
Liability Acts 1957 and 1984 (the ‘1957 Act’ and the ‘1984 Act’).
The OLA 1957 governs an occupier’s duties to ‘visitors’, and the OLA 1984
governs an occupier’s duties to others (mostly trespassers).
In addition to trespassers, 1957 Act cover 3 types of entrants:
People entering under an access agreement or order under national
parks and access tot he countryside act 1949;
People who enter land pursuant to the countryside and Rights of Way Act
2000 (the duty is owed to this category of person is limited by the 1984 Act);
People who exercise private rights of way over land.
Prior to this legislation coming into force the law relating to occupiers’ liability was
governed solely by the common law. Although some of the older cases remain
relevant in interpreting the 1957 and 1984 Acts.
Once you have established whether they are a trespasser or visitor, the steps
taken will be slightly different when determining liability.
Liability of Occupiers to Visitors - OLA 1957
To fall within the 1957 Act, a claimant should go through the following
steps when proving an occupier’s liability to a VISITOR.
establish that they have suffered loss due to the state of the premises;
identify the occupier;
OCCUPIERS’ LIABILITY 1
, prove that they are a visitor;
establish that the occupier failed to take reasonable care for the visitor’s
safety.
1) Occupiers’ liability as regards VISITORS – OLA
1957.
The Common Duty of Care
“Under s.2(2) OLA 1957, the occupier owes a duty to take such
care as is reasonable in all the circumstances to see that the
visitor is reasonably safe in using the premises for the purpose
for which he is permitted to be there”.
1. Establish claimant has suffered loss due to the STATE OF THE PREMISES
a. S.1(3)(a) 1957 Act: Broad definition of premises → open land; fixed and
movable structures (includes vessels, vehicles or aircraft).
b. If the claimant is injured due to naturally occurring features (e.g. rabbit
holes), his injuries may not have been due to ‘the state of the premises’.
2. Identify the OCCUPIER (Defendant)
⚖️ Under both the 1957 and 1984 Acts, the duties owed are imposed on
the ‘occupier’ of the premises.
Neither Act provides a definition of an occupier. It is necessary, therefore,
to look at case law for assistance.
Wheat v E Lacon & Co Ltd [1966] 1 All ER 582: The court
determined the most fundamental characteristic of an
occupier as anyone with a "sufficient degree of control over
the premises."
This definition therefore extends to;
OCCUPIERS’ LIABILITY 2
, individuals and groups of individuals other than the
owner;
an independent contractor working on another
person’s premises (if have required degree of control
over area working in — a question of degree).
Note that in A C Billings & Sons Ltd v Riden, it
was held that where a contractor is not an
occupier under the 1957 or 1984 Acts, he may be
still be liable for negligence under the established
duty to take reasonable care to avoid harm to
people he could reasonably expect to be affected
by his work - this could include trespassers
(Buckland v Guildford Gaslight & Coke Co).
The ruling taken from Wheat: Even if someone is not the owner of the
premises, as long as they have enough control over the premises they are
considered to be an 'occupier' for the purposes of the Acts.
For example → Where a landlord lets flats in a block, but retains control of
the common staircase, the landlord will be regarded as ‘occupier’ of that
staircase.
💡 CONCLUSION: The definition of an ‘occupier’ is widely interpreted,
and the test which the courts will apply is one of occupational
control.
3. The claimant is a VISITOR
⚖️ Under the 1957 Act, visitors are those persons who have “express or
implied permission to be on the occupier’s land.” S.4(2)
For the avoidance of doubt, the 1957 Act makes it clear that implied permission
includes persons who;
OCCUPIERS’ LIABILITY 3
OCCUPIERS’ LIABILITY
Special Liability Regime
Occupiers’ Liability is sometimes referred to as a ‘SPECIAL LIABILITY REGIME’
because of the combination of statutory regulation and case law negligence in order
to produce a package of obligations imposed on the occupier of the premises.
⚖️ Occupiers’ liability is governed by two statutes - the Occupiers’
Liability Acts 1957 and 1984 (the ‘1957 Act’ and the ‘1984 Act’).
The OLA 1957 governs an occupier’s duties to ‘visitors’, and the OLA 1984
governs an occupier’s duties to others (mostly trespassers).
In addition to trespassers, 1957 Act cover 3 types of entrants:
People entering under an access agreement or order under national
parks and access tot he countryside act 1949;
People who enter land pursuant to the countryside and Rights of Way Act
2000 (the duty is owed to this category of person is limited by the 1984 Act);
People who exercise private rights of way over land.
Prior to this legislation coming into force the law relating to occupiers’ liability was
governed solely by the common law. Although some of the older cases remain
relevant in interpreting the 1957 and 1984 Acts.
Once you have established whether they are a trespasser or visitor, the steps
taken will be slightly different when determining liability.
Liability of Occupiers to Visitors - OLA 1957
To fall within the 1957 Act, a claimant should go through the following
steps when proving an occupier’s liability to a VISITOR.
establish that they have suffered loss due to the state of the premises;
identify the occupier;
OCCUPIERS’ LIABILITY 1
, prove that they are a visitor;
establish that the occupier failed to take reasonable care for the visitor’s
safety.
1) Occupiers’ liability as regards VISITORS – OLA
1957.
The Common Duty of Care
“Under s.2(2) OLA 1957, the occupier owes a duty to take such
care as is reasonable in all the circumstances to see that the
visitor is reasonably safe in using the premises for the purpose
for which he is permitted to be there”.
1. Establish claimant has suffered loss due to the STATE OF THE PREMISES
a. S.1(3)(a) 1957 Act: Broad definition of premises → open land; fixed and
movable structures (includes vessels, vehicles or aircraft).
b. If the claimant is injured due to naturally occurring features (e.g. rabbit
holes), his injuries may not have been due to ‘the state of the premises’.
2. Identify the OCCUPIER (Defendant)
⚖️ Under both the 1957 and 1984 Acts, the duties owed are imposed on
the ‘occupier’ of the premises.
Neither Act provides a definition of an occupier. It is necessary, therefore,
to look at case law for assistance.
Wheat v E Lacon & Co Ltd [1966] 1 All ER 582: The court
determined the most fundamental characteristic of an
occupier as anyone with a "sufficient degree of control over
the premises."
This definition therefore extends to;
OCCUPIERS’ LIABILITY 2
, individuals and groups of individuals other than the
owner;
an independent contractor working on another
person’s premises (if have required degree of control
over area working in — a question of degree).
Note that in A C Billings & Sons Ltd v Riden, it
was held that where a contractor is not an
occupier under the 1957 or 1984 Acts, he may be
still be liable for negligence under the established
duty to take reasonable care to avoid harm to
people he could reasonably expect to be affected
by his work - this could include trespassers
(Buckland v Guildford Gaslight & Coke Co).
The ruling taken from Wheat: Even if someone is not the owner of the
premises, as long as they have enough control over the premises they are
considered to be an 'occupier' for the purposes of the Acts.
For example → Where a landlord lets flats in a block, but retains control of
the common staircase, the landlord will be regarded as ‘occupier’ of that
staircase.
💡 CONCLUSION: The definition of an ‘occupier’ is widely interpreted,
and the test which the courts will apply is one of occupational
control.
3. The claimant is a VISITOR
⚖️ Under the 1957 Act, visitors are those persons who have “express or
implied permission to be on the occupier’s land.” S.4(2)
For the avoidance of doubt, the 1957 Act makes it clear that implied permission
includes persons who;
OCCUPIERS’ LIABILITY 3
