If you occupy or control premises (a shop, office, building site, rented flat, even your own home when visitors come) you owe legal duties to keep people reasonably safe. This is occupiers' liability, governed in England and Wales by the Occupiers' Liability Act 1957 (for visitors) and the Occupiers' Liability Act 1984 (for trespassers and others). Here is a plain-English guide.
Who is an "occupier"?
The "occupier" is whoever has sufficient control over the premises, not necessarily the owner. It can be a tenant, a managing agent, a contractor in control of a site, or several people at once. The test is control, so more than one person can be an occupier of the same premises.
The common duty of care (visitors), the 1957 Act
To lawful visitors (customers, guests, anyone with permission), the occupier owes the "common duty of care" under the Occupiers' Liability Act 1957: a duty to take such care as is reasonable in all the circumstances to see that the visitor is reasonably safe in using the premises for the purposes for which they are permitted to be there.
Key points:
- It is a duty to keep the visitor safe, not necessarily to make the premises perfectly safe.
- Children: an occupier must expect children to be less careful than adults, so greater care may be needed (e.g. guarding obvious hazards to children).
- Skilled visitors: a tradesperson can be expected to guard against risks ordinarily incident to their trade.
- Warnings: an adequate warning of a danger may discharge the duty if it genuinely enables the visitor to be safe.
Trespassers and others, the 1984 Act
The Occupiers' Liability Act 1984 imposes a more limited duty toward trespassers (and certain others not covered by the 1957 Act), in respect of dangers due to the state of the premises. The occupier owes a duty only if:
- they are aware of the danger (or have reasonable grounds to believe it exists);
- they know or have reasonable grounds to believe someone may come into the vicinity of the danger; and
- the risk is one against which, in all the circumstances, they may reasonably be expected to offer some protection.
The duty is to take reasonable care to prevent injury from that danger, often discharged by warnings or barriers. There is generally no duty in respect of obvious risks to adults who choose to take them.
Who is responsible if a third party is injured, and the role of contractors?
- The occupier (whoever has control) is the primary duty-holder. Where there are multiple occupiers, responsibility may be shared.
- Independent contractors: if a visitor is injured by faulty work done by a contractor, the occupier may not be liable if it was reasonable to entrust the work to a contractor, the occupier took reasonable steps to check the contractor was competent, and (where appropriate) that the work was properly done (Occupiers' Liability Act 1957, s 2(4)(b)). The contractor may instead be liable in negligence.
- Landlords can have separate duties for disrepair (e.g. under the Defective Premises Act 1972).
Reducing the risk
- Carry out risk assessments and fix or guard hazards.
- Give clear warnings and signage.
- Use competent contractors and keep records.
- Maintain public/employers' liability insurance.
- Note that business occupiers' attempts to exclude liability for negligence are limited by the Unfair Contract Terms Act 1977 / Consumer Rights Act 2015 (and you can never exclude liability for death/personal injury from negligence).
Key takeaways
- Occupiers' liability is owed by whoever has control of premises (not just the owner).
- To lawful visitors, the 1957 Act imposes the common duty of care, reasonable care to keep them reasonably safe for their permitted purpose (with extra care for children).
- To trespassers, the 1984 Act imposes a narrower duty, only where the occupier knows of the danger and that people may encounter it.
- An occupier may avoid liability for a contractor's faulty work if it reasonably engaged and checked a competent contractor, and should manage risk through assessments, warnings, competent contractors and insurance.
Sources
- Occupiers' Liability Act 1957 (common duty of care to visitors; children; warnings; independent contractors, s 2(4)(b))
- Occupiers' Liability Act 1984 (duty to trespassers and others re dangers due to the state of the premises)
- Unfair Contract Terms Act 1977 / Consumer Rights Act 2015 (limits on excluding liability for negligence); Defective Premises Act 1972
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.