FLK1 · Tort

Occupiers' liability (1957 & 1984 Acts)

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

TOR.06 — Occupiers' Liability (1957 & 1984 Acts)

Two statutes govern liability of an occupier for the state of premises (and things done/omitted there). Identify the visitor's status first — it decides which Act applies.

Who is an occupier? Whoever has sufficient control over the premises (Wheat v E Lacon & Co). More than one occupier is possible. "Premises" includes land, buildings, and fixed/movable structures (s.1(3)(a) 1957 Act — covers ladders, scaffolding, vessels).

Occupiers' Liability Act 1957 — lawful visitors

Applies to visitors = those with express/implied permission, or a legal right of entry (e.g. police with warrant, meter readers).
Common duty of care (s.2(2)): take such care as is reasonable to see the visitor is reasonably safe for the purposes for which permitted to be there — not to keep the premises safe in the abstract.
Children (s.2(3)(a)): expect less care for their own safety; guard against allurements (Glasgow Corp v Taylor — poisonous berries). But very young children: occupier may assume accompaniment by a parent (Phipps v Rochester Corp).
Skilled visitors (s.2(3)(b)): a tradesman is expected to guard against risks ordinarily incident to his calling (Roles v Nathan — chimney sweeps killed by fumes).
Independent contractors (s.2(4)(b)): occupier NOT liable for a contractor's negligent work if reasonable to entrust it, took care to select a competent contractor, and (where possible) checked the work was done properly (Haseldine v Daw — technical lift work, no duty to inspect).
Warnings (s.2(4)(a)): a warning discharges the duty only if enough to keep the visitor reasonably safe.

Occupiers' Liability Act 1984 — trespassers (and non-visitors)

Duty arises only if all three s.1(3) conditions met: occupier (a) knows of / has reasonable grounds to believe the danger exists; (b) knows/has reasonable grounds to believe someone is/may come into the vicinity; (c) the risk is one against which it is reasonable to offer some protection. Duty (s.1(4)): take such care as is reasonable to prevent injury from the danger.

Key traps

1984 Act covers personal injury ONLY — no recovery for property damage (contrast 1957 Act, which covers property under s.1(3)(b)).
Obvious dangers / free choice: no duty re obvious risks; people accept ordinary risks of dangerous activities (Tomlinson v Congleton BC — diving into shallow lake; Edwards v Sutton LBC).
Exclusion: 1957 duty can be excluded by notice (s.2(1)) subject to UCTA 1977 / CRA 2015 (business cannot exclude liability for death/PI from negligence). Whether the 1984 duty can be excluded is unsettled — likely an irreducible minimum.
Consent (s.2(5) 1957 / s.1(6) 1984): volenti available for risks willingly accepted.
Don't confuse occupier's liability (state of premises) with general negligence for current activities on land — the activity duty sits in common-law negligence, not the Acts.

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A man is a front-seat passenger in a car driven by a friend. The friend drives negligently and collides with another vehicle. The man was not wearing his seatbelt. Medical evidence establishes that had he worn the seatbelt his injuries would have been substantially less severe, though he would still have suffered some injury from the impact. The man sues his friend in negligence. Liability for the collision is admitted. The defendant argues that the man's damages should be reduced because of his failure to wear a seatbelt.

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