Property owners and occupiers have a legal duty to keep all public premises safe for visitors. If you were injured in a public place due…
Occupiers' Liability Act 1957 Explained
Find out who the Occupiers’ Liability Act 1957 applies to, what duties it imposes on them, and when a breach of duty may lead to a valid personal injury claim.
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Occupiers’ Liability Act 1957
Accidents in public places are extremely common. These may involve slips and trips in restaurants, pothole accidents in car parks, falling objects in supermarkets or faulty escalators in shopping centres.
Such accidents are often governed by the Occupiers’ Liability Act 1957. This is a key piece of legislation in England and Wales that sets out the legal duties of owners and occupiers of premises towards people who lawfully visit them.
This guide explains who the Occupiers’ Liability Act 1957 applies to, what duties it imposes on them, when a breach of duty may lead to a valid claim and how you can prove negligence to secure compensation for an accident.
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Table of Contents
What is the Occupiers’ Liability Act 1957?
The Occupiers’ Liability Act 1957 (OLA 1957) is a key piece of legislation in England and Wales that developed from common law principles. The Act imposes a duty of care on occupiers of premises to take such care as to ensure that visitors will be reasonably safe in using the premises for the purposes they were invited or permitted to be there.
In simple terms, this means that if you are lawfully on someone else’s property, such as a customer in a shop or a guest in a hotel, they must take reasonable care to keep you reasonably safe from foreseeable risks of injury.
If they fail to take reasonable care and you are injured as a result, they may be liable to pay you compensation for any damages resulting from their negligence.
Who does the Occupiers’ Liability Act 1957 apply to?
The Occupiers’ Liability Act 1957 applies to any person, business or organisation that has a sufficient degree of control over the premises. This can include:
- Property owners
- Independent contractors
- Tenants and leaseholders
- Landlords
- Local authorities
- Businesses and employers
- Event organisers
- Schools, hospitals and other public bodies
It is important to note that more than one party can be an occupier at the same time. In this case, liability for an injury will depend on who was responsible for the area or hazard that caused the accident.
Who is considered a visitor under the Occupiers’ Liability Act 1957?
Under Section 1 of the Occupiers’ Liability Act, a visitor is anyone who has been given express or implied permission to enter the premises. Examples include:
- Guests in private homes and hotels
- Customers in shops, restaurants and supermarkets
- Visitors to public parks
- Clients visiting hair salons
- Students in schools and universities
- Gym members and cinema patrons
- Postal workers and delivery drivers
Visitors are legally entitled to expect that the occupier of the premises has taken reasonable care to keep them reasonably safe from foreseeable harm.
What duty of care do occupiers owe to visitors under the Act?
Under the Act, the common duty of care is to ensure that visitors are reasonably safe in using the premises for the purpose they were invited or permitted to be there.
Occupiers are not required to eliminate all risks, but simply to take reasonable care. This will depend on the likelihood of injury, the seriousness of potential harm and the cost of taking precautions.
The duty of care may include:
- Carrying out regular inspections and maintenance
- Cleaning up spills and other slip hazards promptly
- Providing adequate lighting
- Ensuring equipment and fixtures are safe to use
- Carrying out repairs promptly
- Warning visitors of known hazards
The level of care required depends on the nature of the premises and the type of visitor expected. For example, additional precautions may be needed when children are likely to be present.
What may be considered a breach of duty under the 1957 Act?
Common examples of breach of duty under the Act include:
- Failing to clean up a spill in a supermarket within a reasonable time
- Failing to repair a pothole in a car park
- Leaving trailing cables or other trip hazards in areas used by visitors
- Failing to take reasonable steps to deal with ice in car parks or shop entrances
- Failing to provide adequate warnings about known hazards
Can I claim compensation under the Occupiers’ Liability Act 1957?
Yes, you may be able to claim compensation under the Occupiers’ Liability Act if you were injured as a lawful visitor on someone else’s property and they failed in their duty to take reasonable steps to keep you safe from harm.
An occupiers liability claim may be possible if the following can be proven:
- The occupier owed you a legal duty of care
- They breached that duty through negligence
- The breach directly caused your accident
- You suffered harm and loss as a result
A specialist occupiers’ liability solicitor can assess your case for free and let you know if you may be entitled to compensation. If you can proceed, your claim will usually be made against the occupier or their insurer, such as public liability insurance where applicable.
What possible defences can an occupier use against a claim?
Under the 1957 Act, occupiers can rely on several legal defences if a claim is made against them:
- They acted reasonably to keep the premises safe for visitors, so there was no breach of duty
- It was not reasonable for them to do anything about the risk
- The risk of injury was not reasonably foreseeable
- Warning signs were clear and adequate
- The visitor willingly accepted the risk of injury
- The claimant’s own actions contributed to the accident
Specialist legal advice can help assess liability and respond to the usual defences raised by occupiers under the 1957 Act.
What types of accidents are covered by occupiers’ liability claims?
Occupiers’ liability claims typically cover accidents resulting from unsafe premises and hazardous conditions, such as:
- Slips, trips, and falls on wet or uneven surfaces
- Slips and falls on icy paths or walkways on the premises
- Falling down broken or poorly lit staircases
- Injuries from falling objects or unstable fixtures
- Accidents caused by potholes in private car parks
- Injuries caused by faulty machinery, such as escalators
- Child injuries caused by defective playground equipment
A compensation claim may be possible if the accident was caused by a failure to take reasonable steps to keep the premises safe or warn visitors of risks.
Does a breach of duty mean I have a valid claim?
No. A breach of duty alone does not automatically establish liability in tort and does not necessarily mean that you have a valid claim. As seen above, this is just one of the four elements you need to prove in order to be entitled to compensation.
Even if a breach clearly occurred, you cannot recover compensation unless you can also prove that it directly caused your injuries and resulted in damages such as pain, suffering and financial losses.
For example, if a supermarket fails to display a wet floor sign, but you were running and fell because your shoelaces were untied, the injury is not directly caused by the breach, so it is unlikely you can proceed with a claim.
How do I prove a breach of the Occupiers’ Liability Act 1957?
To prove a breach of the Occupiers’ Liability Act, you must establish that the party in control of the premises failed to take reasonable care to ensure visitors were reasonably safe from harm.
Essential supporting evidence may include:
- High-quality photos, videos or CCTV footage of the exact hazard or the accident as it unfolded
- Proof that there were no adequate warning signs
- Witness statements from anyone who saw the incident or the hazard
- Maintenance and inspection records or cleaning logs from the occupier
- Copies of accident reports from the accident report book
- Medical records confirming your injuries, their cause and your prognosis
A solicitor can also help you obtain expert evidence to help establish whether the reasonable standard of care was breached.
Can I still claim if I was partially at fault?
Yes. You may still be able to make a claim under the Occupiers’ Liability Act 1957 even if you were partially at fault for the accident, which is known as contributory negligence. Common examples include:
- Ignoring a clear warning sign
- Being distracted while walking
- Entering an unsafe prohibited area
If you win the claim, your compensation will likely be reduced to reflect your part of the blame.
To find out how we can help you with a claim under occupiers’ liability law, call 0800 470 0474 today to speak with an experienced solicitor or use our contact form to request a call back.
