Occupiers' liability

Occupiers' liability claims—lawful visitors

The Occupiers' Liability Act 1957 (OLA 1957) imposes a duty of care on occupiers to all lawful visitors to ensure that they are reasonably safe for the purpose for which they are on the occupier's premises.

A party will be deemed to be an occupier under OLA 1957 if they have sufficient control over the premises. It is possible for there to be more than one occupier of the premises.

The extent of the duty is to take such care as is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which they are invited by the occupier to be there. The common duty of care applied is varied when dealing with children or skilled visitors.

OLA 1957 only applies to dangers due to things done or omitted to be done on the premises.

If a visitor acts in a way contrary to the permission given to them to enter the premises, OLA 1957 will not apply and that person will be deemed to be an unauthorised visitor.

For further guidance, see

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