Occupiers' Liability Act 1957

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The Occupiers' Liability Act 1957 imposes a common duty of care on occupiers of premises towards their lawful visitors. It replaced the complex common law distinctions between invitees and licensees with a single standard of care. The Act requires occupiers to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which they are invited or permitted to be there.

Pwyntiau allweddol

• Occupier owes a 'common duty of care' to all lawful visitors (s.2(1))
• Duty is to take reasonable care to see visitor is reasonably safe for the purposes of the visit (s.2(2))
• Greater care expected towards children, who may be less careful than adults (s.2(3)(a))
• Occupier may expect skilled visitors to guard against risks ordinarily incident to their calling (s.2(3)(b))
• Occupier not liable for risks willingly accepted by the visitor (volenti, s.2(5))
• Warning may discharge the duty if sufficient to enable the visitor to be reasonably safe (s.2(4)(a))

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