Occupiers' Liability Act

Section 1. Short title Section This Act may be cited as the Occupiers’ Liability Act.

Section 2. Rules as to duty of occupier of premises to visitors Section 2(1) The rules enacted by sections 3 and 4 of this Act shall have effect, in place of the rules of the common law, to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them. Section 2(2) The rules so enacted shall regulate the nature of the duty imposed by law in consequence of a person’s occupation or control of premises and of any invitation or permission he gives (or is to be treated as giving) to another to enter or use the premises, but they shall not alter the rules of the common law as to the persons on whom a duty is so imposed or to whom it is owed; and accordingly for the purpose of the rules so enacted the persons who are to be treated as an occupier and as his visitors are the same as the persons who would at common law be treated as an occupier and as his invitees or licensees. Section 2(3)(a) the obligations of a person occupying or having control over any fixed or movable structure, including any vessel, vehicle or aircraft; and Section 2(3)(b) the obligations of a person occupying...

Section 3. Extent of occupier’s ordinary duty Section 3(1) An occupier of premises owes the same duty, the common duty of care, to all his visitors, except in so far as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise. Section 3(2) For the purposes of this Act, “the common duty of care” is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there. Section 3(3)(a) an occupier must be prepared for children to be less careful than adults; and Section 3(3)(b) an occupier may expect that a person, in the exercise of his calling, will appreciate and guard against any special risks ordinarily incident to it, so far as the occupier leaves him free to do so. Section 3(4)(a) where damage is caused to a visitor by a danger of which he had been warned by the occupier, the warning is not to be treated without more as absolving the occupier from liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe; and Secti...

Section 4. Effect of contract on occupier’s liability to third party Section 4(1) Where an occupier of premises is bound by contract to permit persons who are strangers to the contract to enter or use the premises, the duty of care which he owes to them as his visitors cannot be restricted or excluded by that contract, but (subject to any provision of the contract to the contrary) shall include the duty to perform his obligations under the contract, whether undertaken for their protection or not, in so far as those obligations go beyond the obligations otherwise involved in that duty. Section 4(2) A contract shall not by virtue of this section have the effect, unless it expressly so provides, of making an occupier who has taken all reasonable care answerable to strangers to the contract for dangers due to the faulty execution of any work of construction, maintenance or repair or other like operation by persons other than himself, his servants and persons acting under his direction and control. Section 4(3) In this section, “stranger to the contract” means a person not for the time being entitled to the benefit of the contract as a party to it or as the successor by assignment or ot...

Section 5. Landlord’s liability in virtue of obligation to repair Section 5(1) Where premises are occupied by any person under a tenancy which puts on the landlord an obligation to that person for the maintenance or repair of the premises, the landlord shall owe to all persons who or whose goods may from time to time be lawfully on the premises the same duty, in respect of dangers arising from any default by him in carrying out that obligation, as if he were an occupier of the premises and those persons or their goods were there by his invitation or permission (but without any contract). Section 5(2) Where premises are occupied under a subtenancy, subsection (1) of this section shall apply to any landlord of the premises (whether the immediate or a superior landlord) on whom an obligation to the occupier for the maintenance or repair of the premises is put by the subtenancy, and for that purpose any obligation to the occupier which the subtenancy puts on a mesne landlord of the premises, or is treated by virtue of this provision as putting on a mesne landlord, shall be treated as put by it also on any landlord on whom the mesne landlord’s tenancy puts the like obligation towards th...

Section 6. Implied term in contracts Section 6(1) Where persons enter or use, or bring or send goods to, any premises in exercise of a right conferred by contract with a person occupying or having control of the premises, the duty he owes them in respect of dangers due to the state of the premises or to things done or omitted to be done on them, in so far as the duty depends on a term to be implied in the contract by reason of its conferring that right, shall be the common duty of care. Section 6(2) Subsection (1) of this section shall apply to fixed and movable structures as it applies to premises. Section 6(3) This section does not affect the obligations imposed on a person by or by virtue of any contract for the hire of, or for the carriage for reward of persons or goods in, any vehicle, vessel, aircraft or other means of transport, or by or by virtue of any contract of bailment. Section 6(4) This section does not apply to contracts entered into before the commencement of this Act.

Section 7. Application to Government Section This Act shall bind the Government, but as regards the Government’s liability in tort shall not bind the Government further than the Government is made liable in tort by the Government Proceedings Act ( Cap. 40 ) and that Act and in particular section 4 of it shall apply in relation to duties under sections 3 , 4 and 5 of this Act as statutory duties.