Occupiers' liability
Occupiers' liability is the duty an occupier of premises owes to people on their land: a “common duty of care” to lawful visitors under the Occupiers' Liability Act 1957, and a narrower duty to trespassers under the Occupiers' Liability Act 1984.
Last reviewed 14 June 2026
Under the 1957 Act the occupier must take such care as is reasonable to see that visitors are reasonably safe for the purposes for which they are invited; a higher standard applies to children, and adequate warnings may discharge the duty.
Under the 1984 Act a duty to trespassers arises only where the occupier knows of a danger and that trespassers may come into its vicinity, and the risk is one against which they may reasonably be expected to offer some protection (Tomlinson v Congleton BC [2003] UKHL 47).
Key cases
- Tomlinson v Congleton Borough Council [2003] UKHL 47
- Wheat v E Lacon & Co Ltd [1966] AC 552
Frequently asked questions
What is the difference between the 1957 and 1984 Occupiers' Liability Acts?
The 1957 Act sets the common duty of care owed to lawful visitors; the 1984 Act sets a narrower duty owed to trespassers.
Do occupiers owe any duty to trespassers?
A limited one, under the 1984 Act, arising only where the occupier is aware of the danger and that trespassers may be in the vicinity (Tomlinson v Congleton).