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 tort is anyone who has sufficient control over premises to be able to prevent or reduce risks to visitors. This can include property owners, tenants, or anyone else with actual control over the space. The common duty of care requires occupiers to take reasonable steps to ensure visitors are reasonably safe when using the premises for permitted purposes. Key provisions like s1(2) OLA 1957 outline the scope of this duty, while s2(3)(b) OLA 1957 addresses specific circumstances where occupiers may limit their liability through warnings or other measures. Important cases like Bailey v Armes (1999) and Gould v McAuliffe (1941) have helped establish precedents for how these duties apply in practice.
The 1984 Act specifically addresses duties owed to trespassers, including OLA 1984 child trespassers who require special consideration. Occupiers must show they were aware of both the danger and the likelihood of trespassers encountering it. Occupiers liability insurance is crucial for protecting property controllers against potential claims, though the extent of coverage can vary. The acts work together to create a comprehensive framework balancing occupiers' responsibilities with practical limitations on liability. Understanding these obligations is essential for property managers, business owners, and anyone else who might qualify as an occupier under the law.
