Subjects

Careers

Open the App

Subjects

Understanding the Occupiers' Liability Act: Who is an Occupier in Law?

10

0

user profile picture

D๐Ÿซก

12/07/2025

Law

Occupiers liability

317

โ€ข

12 Jul 2025

โ€ข

3 pages

Understanding the Occupiers' Liability Act: Who is an Occupier in Law?

user profile picture

D๐Ÿซก

@academia_21

The Occupiers' Liability Act 1957 and Occupiers' Liability Act 1984... Show more

Occupiers' liability-
OLA 1957 lawful visitors:
โ€ข Firstly, state the issue and define OLA 1957- When the occupier of the
premises owes a dut

Understanding Occupiers' Liability: Lawful Visitors and Legal Obligations

The Occupiers' Liability Act 1957 establishes fundamental legal obligations for property occupiers regarding visitor safety. Under this law, an occupier must ensure reasonable safety for lawful visitors on their premises. The concept of who is an occupier in law was established in the Wheat case, defining an occupier as someone with actual control over the premises.

Definition: Under s133 OLA 1957, premises include not just land and buildings, but also fixed and moveable structures, vessels, and vehicles.

The common duty of care varies depending on the visitor category. For adult visitors, as established in Laverton, premises must be reasonably safe but not completely risk-free. Child visitors receive special consideration under s.233bb OLA 1957, requiring occupiers to anticipate children's less careful nature. The Taylor case reinforced this by establishing occupiers' duty to protect children from allurements, while Jolley confirmed liability for reasonably foreseeable injuries.

For trade visitors, the Roles v Nathan case established that occupiers can expect workers to understand and guard against work-related risks. When dealing with independent contractors, s122 OLA 1957 requires occupiers to meet three criteria: reasonable entrustment of work HazeldineHazeldine, contractor competence BottomleyBottomley, and proper work inspection WoodwardWoodward.

Occupiers' liability-
OLA 1957 lawful visitors:
โ€ข Firstly, state the issue and define OLA 1957- When the occupier of the
premises owes a dut

Trespassers and Legal Protection Under OLA 1984

The Occupiers' Liability Act 1984 addresses duties owed to trespassers, defined as individuals without permission to be on the premises. The Herrington case established that occupiers owe certain duties even to trespassers, though more limited than those owed to lawful visitors.

Highlight: Under s133 OLA 1957, occupiers' duty to trespassers only applies when they're aware of both the danger and the trespasser's presence, and when protection against the risk could reasonably be expected.

For adult trespassers, several key principles apply. The Ratcliff case established no liability for obvious dangers, while Donoghue addressed unforeseeable entry timing. The Tomlinson case confirmed that occupiers needn't incur significant expenses to make premises safe for trespassers.

Child trespassers receive similar consideration under the OLA 1984 child trespassers provisions, as confirmed in Baldaccino and Keown cases. However, the law recognizes the special vulnerability of children while maintaining reasonable limits on occupier obligations.

Occupiers' liability-
OLA 1957 lawful visitors:
โ€ข Firstly, state the issue and define OLA 1957- When the occupier of the
premises owes a dut

Defenses and Remedies in Occupiers' Liability Cases

Several defenses are available under both the 1957 and 1984 Acts. Contributory negligence can reduce damages when the claimant partially caused their injury. Warning notices, whether oral or written, can serve as complete defenses, though their effectiveness varies with circumstances.

Example: In cases of extreme danger, the Rae case established that occupiers should provide barriers or warnings, while Staples determined that obvious dangers require no additional warning.

Occupiers liability insurance provides protection against claims, while exclusion clauses can limit liability in specific circumstances. Under the 1957 Act, visitors can claim damages for both personal injuries and property damage, while trespassers under the 1984 Act can only claim for personal injuries.

The concept of consent plays a crucial role in both acts. Under s122 OLA 1957, if a visitor knowingly accepts risks, this can serve as a defense. Similarly, s133 OLA 1957 allows consent as a defense against trespasser claims if they fully understood the nature and degree of risk involved.



We thought youโ€™d never ask...

What is the Knowunity AI companion?

Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.

Where can I download the Knowunity app?

You can download the app from Google Play Store and Apple App Store.

Is Knowunity really free of charge?

That's right! Enjoy free access to study content, connect with fellow students, and get instant help โ€“ all at your fingertips.

Can't find what you're looking for? Explore other subjects.

Students love us โ€” and so will you.

4.9/5

App Store

4.8/5

Google Play

The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

Best app on earth! no words because itโ€™s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didnโ€™t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as Iโ€™m sure you too will see developments.

Xander S

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH ๐Ÿ˜๐Ÿ˜๐Ÿ˜ฒ๐Ÿค‘๐Ÿ’—โœจ๐ŸŽ€๐Ÿ˜ฎ

Elisha

iOS user

This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

Paul T

iOS user

The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

Best app on earth! no words because itโ€™s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didnโ€™t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as Iโ€™m sure you too will see developments.

Xander S

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH ๐Ÿ˜๐Ÿ˜๐Ÿ˜ฒ๐Ÿค‘๐Ÿ’—โœจ๐ŸŽ€๐Ÿ˜ฎ

Elisha

iOS user

This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

Paul T

iOS user

ย 

Law

โ€ข

317

โ€ข

12 Jul 2025

โ€ข

3 pages

Understanding the Occupiers' Liability Act: Who is an Occupier in Law?

user profile picture

D๐Ÿซก

@academia_21

The Occupiers' Liability Act 1957 and Occupiers' Liability Act 1984 establish the legal duties that property occupiers owe to visitors and trespassers. These acts form the foundation of premises liability law in England and Wales.

An occupier in law of... Show more

Occupiers' liability-
OLA 1957 lawful visitors:
โ€ข Firstly, state the issue and define OLA 1957- When the occupier of the
premises owes a dut

Sign up to see the contentIt's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Understanding Occupiers' Liability: Lawful Visitors and Legal Obligations

The Occupiers' Liability Act 1957 establishes fundamental legal obligations for property occupiers regarding visitor safety. Under this law, an occupier must ensure reasonable safety for lawful visitors on their premises. The concept of who is an occupier in law was established in the Wheat case, defining an occupier as someone with actual control over the premises.

Definition: Under s133 OLA 1957, premises include not just land and buildings, but also fixed and moveable structures, vessels, and vehicles.

The common duty of care varies depending on the visitor category. For adult visitors, as established in Laverton, premises must be reasonably safe but not completely risk-free. Child visitors receive special consideration under s.233bb OLA 1957, requiring occupiers to anticipate children's less careful nature. The Taylor case reinforced this by establishing occupiers' duty to protect children from allurements, while Jolley confirmed liability for reasonably foreseeable injuries.

For trade visitors, the Roles v Nathan case established that occupiers can expect workers to understand and guard against work-related risks. When dealing with independent contractors, s122 OLA 1957 requires occupiers to meet three criteria: reasonable entrustment of work HazeldineHazeldine, contractor competence BottomleyBottomley, and proper work inspection WoodwardWoodward.

Occupiers' liability-
OLA 1957 lawful visitors:
โ€ข Firstly, state the issue and define OLA 1957- When the occupier of the
premises owes a dut

Sign up to see the contentIt's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Trespassers and Legal Protection Under OLA 1984

The Occupiers' Liability Act 1984 addresses duties owed to trespassers, defined as individuals without permission to be on the premises. The Herrington case established that occupiers owe certain duties even to trespassers, though more limited than those owed to lawful visitors.

Highlight: Under s133 OLA 1957, occupiers' duty to trespassers only applies when they're aware of both the danger and the trespasser's presence, and when protection against the risk could reasonably be expected.

For adult trespassers, several key principles apply. The Ratcliff case established no liability for obvious dangers, while Donoghue addressed unforeseeable entry timing. The Tomlinson case confirmed that occupiers needn't incur significant expenses to make premises safe for trespassers.

Child trespassers receive similar consideration under the OLA 1984 child trespassers provisions, as confirmed in Baldaccino and Keown cases. However, the law recognizes the special vulnerability of children while maintaining reasonable limits on occupier obligations.

Occupiers' liability-
OLA 1957 lawful visitors:
โ€ข Firstly, state the issue and define OLA 1957- When the occupier of the
premises owes a dut

Defenses and Remedies in Occupiers' Liability Cases

Several defenses are available under both the 1957 and 1984 Acts. Contributory negligence can reduce damages when the claimant partially caused their injury. Warning notices, whether oral or written, can serve as complete defenses, though their effectiveness varies with circumstances.

Example: In cases of extreme danger, the Rae case established that occupiers should provide barriers or warnings, while Staples determined that obvious dangers require no additional warning.

Occupiers liability insurance provides protection against claims, while exclusion clauses can limit liability in specific circumstances. Under the 1957 Act, visitors can claim damages for both personal injuries and property damage, while trespassers under the 1984 Act can only claim for personal injuries.

The concept of consent plays a crucial role in both acts. Under s122 OLA 1957, if a visitor knowingly accepts risks, this can serve as a defense. Similarly, s133 OLA 1957 allows consent as a defense against trespasser claims if they fully understood the nature and degree of risk involved.

We thought youโ€™d never ask...

What is the Knowunity AI companion?

Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.

Where can I download the Knowunity app?

You can download the app from Google Play Store and Apple App Store.

Is Knowunity really free of charge?

That's right! Enjoy free access to study content, connect with fellow students, and get instant help โ€“ all at your fingertips.

Can't find what you're looking for? Explore other subjects.

Students love us โ€” and so will you.

4.9/5

App Store

4.8/5

Google Play

The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

Best app on earth! no words because itโ€™s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didnโ€™t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as Iโ€™m sure you too will see developments.

Xander S

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH ๐Ÿ˜๐Ÿ˜๐Ÿ˜ฒ๐Ÿค‘๐Ÿ’—โœจ๐ŸŽ€๐Ÿ˜ฎ

Elisha

iOS user

This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

Paul T

iOS user

The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

Best app on earth! no words because itโ€™s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didnโ€™t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as Iโ€™m sure you too will see developments.

Xander S

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH ๐Ÿ˜๐Ÿ˜๐Ÿ˜ฒ๐Ÿค‘๐Ÿ’—โœจ๐ŸŽ€๐Ÿ˜ฎ

Elisha

iOS user

This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

Paul T

iOS user