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9084 · 4.2.1

Occupiers' liability

**Occupiers' liability** (4.2.1) — always identify **occupier**, classify **visitor or trespasser**, then apply **OLA 1957** or **OLA 1984**. Distinguish from general negligence though standards overlap.

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).
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