The Occupiers' Liability Act 1957 establishes an occupier's duty of care towards visitors on their premises. An occupier is considered to be someone who has control over the premises. The Act defines a visitor as someone who enters the premises by express or implied permission, including invitees, licensees, and those who enter under legal authority. The common duty of care only applies when the visitor uses the premises for the purpose for which they were invited or permitted. Occupiers must take reasonable care to ensure visitors are reasonably safe while on the premises for their intended purpose. The Act also provides examples where a higher degree of care is required, such as for children, and establishes defenses for occupiers around warnings, independent contractors, risks

1. OCCUPIERS` LIABILITY
ACT 1957
Occupier
Occupier is a person who has
sufficient degree of control
over premises to put him
under a duty of care towards
those who came lawfully
upon the premises.
Per: Lord Denning in
Wheat V. E. Lacon & Co.
The foundation of occupier`s
liability is on occupational
control not exclusive
possession.
Visitors
There is one class of person
namely visitor.
(includes contractual entrant,
invitees and licensee u/
common law.)
Under the Act a person can
be a visitor if:
By express
invitation or
permission
By authority of law By implied
permission.
This is question of
law and the visitor
must proof it.
COMMON DUTY OF CARE
Sec. 2(2) provides that the
common duty of care only
applies where the visitor is
using the premises for the
purposes for which he is
invited or permitted to be there.
The occupier on the other hand
under a duty to take such care
in all circumstance of the case
is reasonable to see that the
visitor will reasonably safe in
using the premises for the
purposes he is invited.
Wheat v Lacon & Co.Ltd.
The Act gives example of
circumstances where decree of
care is required.
s. 2 (3) (a) OLA
an occupier must be prepared
for children to be less careful
than adults.
s. 2(3) (b) OLA
an occupier may expect that a
person, in the exercise of his
calling, will appreciate and
guard against special risks
ordinary incident to it, so far as
the occupier leaves him free to
do so.
Bates v Parker
Householder employs an
independent contractor to do
work, to repair or clean, the
contractor must satisfy himself
as to the safety on which he is
to work.
SPECIFIC ASPECTS
WARNING
s. 2(4) (a) provides that
The warning by the
occupier regarding the
danger must be sufficient in
order for him to escape
liability.
INDEPENDENT
CONTRACTOR
s. 2(4) (b) provides that if
damage caused to a visitor due to
the faulty execution of any work
of construction maintenance,
repair by an independent
contractor empolyed by him, the
occupier is not liable if if he had
acted reasonably in entrusting the
work to the contractor and he is
satisfied that the contractor is
competet and work properly
done.
VOLENTI NON FIT
INJURIA
s.2 (5) OLA
This defence is available
to the occupier, if visitor
willing takes the risk.
CONTRIBUTORY
NEGLIGENT
If the visitor is at the same
time is careless of his own
duty and the occupier
breach his common duty
the damage will be
apportion.
EXCLUSION OF OCCUPIER`S
DUTY
s.2 (1)
An occupier may exclude or modify
his liability to a visitor by express
terms in a contract with his visitor or
otherwise.
OLA If the occupier brings the
condition of notice to the visitors
attention the occupier can excape
liability.