LAWFUL VISITORS

The Occupiers’ Liability Act 1957 governs the duty owed by occupiers to lawful visitors.

1. Occupier

An occupier is anyone with sufficient control over premises (Wheat v E Lacon & Co Ltd [1966]). Control is key; more than one occupier is possible.

2. Premises

Includes land, buildings, and fixed or moveable structures under control (s1(3)(a)).
Aircraft and equipment can qualify (Fosbroke-Hobbes v Airwork Ltd [1937]; Wheeler v Copas [1981]).

3. Lawful Visitor

A visitor is lawful if entering with permission (s2(1)).

• Express permission → Limited by time, place, or purpose.

• Implied permission → May arise from conduct or tolerance (Lowery v Walker [1911]); does not cover reckless acts (Harvey v Plymouth CC [2010]).

• Statutory right → Entry authorised by law.

4. Common Duty of Care

Occupier must take reasonable care to ensure visitors are reasonably safe for the permitted purpose (s2(2)). Duty is reasonableness, not absolute safety.

5. Special Visitors

• Children → Greater care required; dangers attractive to children increase responsibility (Glasgow Corporation v Taylor [1922]). Parental supervision may be expected (Phipps v Rochester Corporation [1955]).

• Skilled visitors → Expected to guard against risks within their expertise (Roles v Nathan [1963]).

• Independent Contractor → No liability if:
  • Delegation was reasonable (Haseldine v Daw [1941])
  • Contractor was competent (Bottomley v Todmorden Cricket Club [2003])
  • Work checked where appropriate (Woodward v Hastings [1945])

6. Warnings & Limits

Warnings may discharge the duty if they make the visitor reasonably safe (s2(4)(a)).
Liability may be restricted, subject to statutory controls (e.g. Unfair Contract Terms Act 1977).