When someone is injured on premises they were allowed to be on — a customer in a shop, a guest in a house, a contractor on site — the question is whether the occupier is liable for what happened. The Occupiers' Liability Act 1957 governs exactly this, setting a single duty owed by occupiers to their lawful visitors. As a solicitor you will meet this constantly, whether advising an injured claimant or a business or property owner facing a claim, so knowing how the duty arises and how it is met is essential everyday knowledge.
This lesson builds the topic up in order:
- Scope and Key Definitions — what the Act covers and the meaning of 'occupier', 'visitor', and 'premises'.
- Visitor Status — how a person becomes (or stops being) a visitor, including permission, legal rights, and contracts.
- The Common Duty of Care — what the duty requires, and the special positions of children and skilled visitors.
- Discharging the Duty — how warnings and the use of independent contractors can satisfy the duty.
- Defences — when consent defeats a claim entirely and when contributory negligence reduces damages.
- Exclusion of Liability — when an occupier can exclude the duty, and how UCTA and the CRA limit this.