Occupiers' Liability Act 1957

The Occupiers’ Liability Act 1957 codified the duty of care owed by occupiers of premises to their lawful visitors in English and Welsh tort law. The Act replaced the common law distinction between different categories of entrant (invitee, licensee, and trespasser) with a single ‘common duty of care’ owed to all lawful visitors. The Act defines the common duty of care as a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which they are invited or permitted by the occupier to be there. The Act does not apply to trespassers, who are covered by the Occupiers’ Liability Act 1984.

Legal area: Tort law provides remedies for civil wrongs causing harm or loss, including negligence, defamation, nuisance, and occupiers’ liability.

Citation: Occupiers’ Liability Act 1957 (1957 c 31)

Full text: https://www.legislation.gov.uk/ukpga/1957/31

Key Provisions

• Section 1: Extent of occupier’s duty (premises, fixed or movable structures)
• Section 2(1): The common duty of care to lawful visitors
• Section 2(2): Definition of the common duty of care (reasonable safety)
• Section 2(3): Special considerations (children less careful, skilled tradespeople)
• Section 2(4)(a): Warning discharges duty only if adequate warning
• Section 2(5): Voluntary assumption of risk (volenti non fit injuria)

Significance

The Occupiers’ Liability Act 1957 is one of the most frequently applied tort statutes. The common duty of care replaced the complex common law classification of entrants with a single standard. Section 2(3) establishes that children may be less careful than adults, requiring occupiers to protect children from allurements (the ‘allurement’ principle from Glasgow Corporation v Taylor). The Act also addresses the special position of persons entering premises in the exercise of their calling (e.g., window cleaners, delivery drivers). The Act has been interpreted in numerous cases including Roles v Nathan (1963) and Titchener v British Railways Board (1983).