ABSTRACT

The tort of occupiers' liability deals with the liability of the occupier of premises to those who come on to the premises. The rules about such liability were originally developed by the common law. The common law rules are still relevant as Occupiers' Liability Act 1957 (OLA) provides that visitors are those who were invitees or licensees at common law. The old common law rules made a distinction between defects with premises which caused harm and activities on the premises which caused harm. The original common law rule on trespassers was that no duty was owed to trespassers as long as the occupier did not intentionally harm them. Under the OLA 1957 an occupier owes the common duty of care to all his visitors. The occupier does owe the common duty of care to specialists but not in respect of the normal risks of their job.