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Tort: Occupiers' Liability

The common duty of care owed to visitors

  • 3 things to know
  • Components 2 and 3

Overview

The section 2(2) duty to keep the visitor reasonably safe for the purpose of the visit, not to make the premises safe — Laverton, Rochester Cathedral and the ordinary risks of everyday life.

What you need to know

Answer each one before you reveal it.

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Numbers

State the common duty of care under the Occupiers' Liability Act 1957.

Key term

Does the common duty of care require the premises themselves to be made safe?

Key term

What did Laverton v Kiapasha Takeaway Supreme [2002] decide?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    State the common duty of care under the Occupiers' Liability Act 1957.

    Model answer

    Section 2(2) of the Occupiers' Liability Act 1957 sets out the common duty of care. The occupier must take such care as is reasonable in all the circumstances. The visitor must be kept reasonably safe for the purposes of the visit.

  2. 2

    Does the common duty of care require the premises themselves to be made safe?

    Model answer

    The duty is to keep the visitor reasonably safe, not to make the premises safe. An occupier who takes reasonable care is not liable for every hazard on the land.

  3. 3

    What did Laverton v Kiapasha Takeaway Supreme [2002] decide?

    Model answer

    A customer slipped on a wet floor in a takeaway on a rainy night. The Court of Appeal held the occupier had taken reasonable care by laying slip-resistant tiles and mopping regularly.

  4. 4

    What did Rochester Cathedral v Debell [2016] decide?

    Model answer

    A visitor tripped on a small lump of concrete at the base of a bollard. The Court of Appeal held there was no breach, because premises need not be free of every minor hazard.

  5. 5

    Must an occupier guard against the ordinary risks of everyday life?

    Model answer

    The law does not require an occupier to remove every trivial risk found in ordinary life. A visitor is expected to take reasonable care for their own safety.

  6. 6

    What must a visitor prove to succeed under the Occupiers' Liability Act 1957?

    Model answer

    The visitor must prove that the injury was caused by the state of the premises. The visitor must then prove that the occupier failed to take reasonable care.

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