Last amended by Occupiers' Liability Act 1984 in 1984. Extended a more limited duty to non-visitors (trespassers) — see separate Act.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
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.
Key Points
- 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))
Parts & Sections
Amendments History
1984 — Occupiers' Liability Act 1984
Extended a more limited duty to non-visitors (trespassers) — see separate Act.
Frequently asked questions
- What duty does an occupier owe to people visiting their property?
- The Act imposes a common duty of care on occupiers towards their lawful visitors. This duty requires the occupier to take such care as is reasonable in all the circumstances to ensure the visitor is reasonably safe while using the premises for the purposes for which they are invited or permitted to be there.
- How does the Act treat different types of visitors?
- The Act replaced complex common law distinctions between different types of visitors with a single standard of care. It applies to all lawful visitors, meaning the occupier must treat them under one unified rule regarding safety and reasonable care, rather than applying different levels of protection based on their specific legal status.
- Is the standard of care different for children or skilled workers?
- Yes, the Act specifies that greater care is expected towards children because they may be less careful than adults. However, for skilled visitors, the occupier may expect them to guard against risks that are ordinarily incident to their specific calling or profession.
- Can an occupier avoid liability by giving a warning?
- An occupier is not liable for risks that the visitor has willingly accepted. Additionally, providing a warning may discharge the duty of care if that warning is sufficient to enable the visitor to be reasonably safe. The warning must be adequate to allow the visitor to understand and manage the specific danger.
- Does this Act apply to trespassers?
- The Occupiers' Liability Act 1957 regulates the duty owed to lawful visitors. A separate statute, the Occupiers' Liability Act 1984, extends a more limited duty of care to non-visitors, such as trespassers. The 1957 Act does not cover the specific obligations owed to those who enter without permission.