Occupiers' liability—contractors, builders and landlords
Produced in partnership with Andrew Wilson
Occupiers' liability—contractors, builders and landlords

The following PI & Clinical Negligence guidance note Produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • Occupiers' liability—contractors, builders and landlords
  • Independent contractors
  • Builders
  • Landlords

Independent contractors

Liability for the negligence of independent contractors

Sometimes premises will be left in a dangerous state as a result of faulty construction, maintenance or repair work that has been (or is still being) carried out by independent contractors. Alternatively, independent contractors will be retained to remedy a dangerous situation but will fail to do so.

The question is: will the occupier be held liable for resulting injury caused to a visitor? Generally, unless the contract under which the occupier has retained services provides otherwise, an occupier will not be liable, under the Occupiers’ Liability Act 1957 (OLA 1957), for any negligence on the part of independent contractors working on their premises.

It should be noted that the relevant provision, OLA 1957, s 2(4)(b) applies only to works of construction, maintenance and repair.

It will be for the occupier to estab