Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Duty of care definition

What does Duty of care mean? In practice, a duty of care is the legal obligation to take reasonable care to avoid causing foreseeable harm to another person in the circumstances of the case. It is principally a case law concept in negligence (tort) and delict, though specific statutes (for example, occupiers’ liability and health and safety legislation) impose particular duties in defined settings. In England & Wales and Northern Ireland, courts typically consider whether harm was reasonably foreseeable, the parties were in a relationship of proximity, and whether it is fair, just and reasonable to impose a duty (Caparo). Limits frequently arise for omissions, public authorities...

Occupiers’ Liability Act 1984: duty to unauthorised visitors—triggers, scope, defences (warnings, volenti), children and premises-related personal injury only (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note reviews the occupier’s Duty of care towards individuals entering premises without consent, with principal reference to the Occupiers’ Liability Act 1984 (OLA 1984). It outlines what amounts to an ‘unauthorised visitor’, identifies when duties can be triggered, the extent of those obligations, and when an occupier can avoid liability for injury caused by dangers arising from, or connected with, the condition of the premises.

Background

The Occupiers’ Liability Act 1957 (OLA 1957) established a common duty of care owed by occupiers of premises. That duty was ‘common’ in that it applied to various categories of lawful, or authorised, visitors, such as invitees, licensees, and those whose right to be on the premises derived from a contract. Under OLA 1957, no duty was owed to unauthorised visitors or trespassers. The enactment of OLA 1984 introduced a new duty owed by occupiers to unauthorised visitors. Practitioners should note this duty is considerably more limited than that under OLA 1957 in favour of lawful visitors.

Who is an occupier?

An occupier is any person who would be regarded as an occupier under OLA 1957. OLA 1957 contains...

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Andrew Wilson

Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other...

Web page updated on 21/05/2026

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