Occupiers' liability

Need to know

What you need to know

• Occupiers' liability concerns injury/damage arising from the state of the premises, not unsafe activities.
• An 'occupier' is defined by the 'control test' from *Wheat v E Lacon & Co Ltd* – there can be multiple occupiers.
• ‘Premises’ has a wide definition under s.1(3)(a) of the OLA 1957.
• The law distinguishes between the duty owed to lawful visitors (OLA 1957) and non-visitors (OLA 1984).

Explanation

Occupiers' liability

1. Occupiers' liability concerns injury/damage arising from the state of the premises, not unsafe activities.
2. An 'occupier' is defined by the 'control test' from *Wheat v E Lacon & Co Ltd* – there can be multiple occupiers.
3. ‘Premises’ has a wide definition under s.1(3)(a) of the OLA 1957.
4. The law distinguishes between the duty owed to lawful visitors (OLA 1957) and non-visitors (OLA 1984).