THE OCCUPIERS’ L IABILIT Y ACTS 1957 AND 1984—AT A GLANCE 349
11. 6 The Occupiers’ Liability Acts 1957 and
1984—at a glance
See Tabl e 11.1.
1957 19 84
Type of
damage (to
claimant)
Propert y damage and pe rsonal
injury (as old common law).
Personal injury only (ss 1(1)(a) and
1(4)). Property da mage excluded (s
1(8)) but may be covered by common
law (Herrington v British Railways
Board [1972]).
‘Premises’ Wide definition: ‘any fixed or
moveable structure’ including
vehicles (s 1(3)).
As 1957 Act (s 1(2)).
‘Occupier’ Person who would have been at
common law (s 1(2); Wheat v Lacon;
Harris v Birkenhead Corporation).
As 1957 Act (s 1(2)(a)).
‘Visitor’ All lawful visitors (s 1(2)) including
invitees, licensees at commo n law
and contractual visitors (s 5).
All non-visitors (usually trespassers)
(s 1(1)(a)).
Also, subject to certain restr ictions,
includes ramblers (exercising a right
under s 2(1) of the Countryside and
Rights of Way Act 2000). However,
it does not cover people using the
highway (s 1(7)) or people using other
public rights of way (s 1A).
Duty Occupier owe s ‘a common duty of
care’ to all visitors simply by virtue of
the fact that they are visitors (s 2(1)).
Occupier only owes a duty (defined in
s 1(4)) if:
(1) aware of danger (or has reasonable
grounds to believe it exists); and
(2) knows (or has reasonable grounds
to believe) a non-visitor is (or may be)
in vicinity of d anger; and
(3) the risk is one in all circumstances
the occupier may be reasonably
expected to protect against (s 1(3)).
Extent of
the duty (or
standard of
care)
A duty to take such ca re that the
visitor is reasonably safe while using
the premises for the purposes for
which they are invited (s 2(2)).
It is the visitor, not premises, who
must be reasonably safe; different
standards of care apply for dif ferent
visitors (s 2(3)).
A duty to ‘take such c are as is
reasonable in a ll the circumsta nces
of the case to see that the [no n-
visitor] does not suf fer injury on the
premises’ (s 1(4)).
TAB LE 11.1 Sum mary of the Occupi ers’ Liability Act s 1957 and 1984
