Occupiers' liability - Definition of 'visitor'

Learning Outcomes

After reading this article, you will be able to identify who qualifies as a "visitor" under the Occupiers' Liability Act 1957, distinguish between express and implied permission, and explain how legal rights of entry affect visitor status. You will also be able to apply these principles to practical scenarios and spot common exam pitfalls regarding visitor status and occupiers' liability.

SQE1 Syllabus

For SQE1, you are required to understand the legal definition of "visitor" for the purposes of occupiers' liability, and how this affects the duty of care owed by occupiers. In your revision, focus on:

• the statutory definition of "visitor" under the Occupiers' Liability Act 1957
• the distinction between express and implied permission
• the effect of legal rights of entry (e.g., police, emergency services)
• how exceeding permission changes status from visitor to trespasser
• the practical implications for occupiers' liability and exam scenarios

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is NOT a "visitor" under the Occupiers' Liability Act 1957?
   1. A customer in a shop during opening hours
   2. A postal worker delivering mail
   3. A person entering a "Staff Only" area without permission
   4. A police officer entering with a warrant

2. True or false? Implied permission can arise if an occupier knows people regularly cross their land and does nothing to stop them.

3. If a person enters a property with permission but then exceeds that permission, what is their legal status for occupiers' liability purposes?

4. Which section of the Occupiers' Liability Act 1957 states that occupiers owe a duty to "visitors"?

Introduction

The Occupiers' Liability Act 1957 sets out the duty of care owed by occupiers to "visitors" on their premises. Understanding who qualifies as a visitor is essential for determining the extent of an occupier's liability. This article explains the statutory definition of "visitor," the difference between express and implied permission, and the impact of legal rights of entry. It also covers what happens when someone exceeds their permission and becomes a trespasser.

Who is a "Visitor" under the Occupiers' Liability Act 1957?

The Act regulates the duty owed by occupiers to those lawfully on their premises. The duty is only owed to "visitors." Identifying visitor status is the first step in any occupiers' liability question.

Key Term: visitor
A person who has express or implied permission to enter or use premises, or who enters under a legal right, for the purposes of the Occupiers' Liability Act 1957.

Express Permission

A person is a visitor if the occupier gives them clear, express permission to enter. This can be verbal, written, or by obvious conduct.

Examples:

• A friend invited to your house for dinner
• A customer entering a shop during business hours
• A contractor hired to carry out repairs

Implied Permission

Implied permission arises where the occupier's conduct, or the circumstances, indicate that entry is permitted, even if not expressly stated.

Examples:

• Postal workers delivering mail
• Delivery drivers approaching a front door
• Members of the public using a path across land with the occupier's knowledge and no objection

Key Term: implied permission
Permission to enter premises that is not expressly given but is inferred from the occupier's conduct or the circumstances.

Key Term: express permission
Clear, direct permission given by the occupier for someone to enter or use the premises.

Legal Right of Entry

Some people have a statutory right to enter premises, regardless of the occupier's wishes. These include:

• Police officers with a warrant
• Firefighters responding to an emergency
• Utility workers with statutory authority

Key Term: legal right of entry
A right granted by law to enter premises, regardless of the occupier's consent.

Exceeding Permission: When a Visitor Becomes a Trespasser

A visitor who goes beyond the scope of their permission (e.g., entering a prohibited area or remaining after permission is withdrawn) loses their visitor status and becomes a trespasser. The occupier's duty of care is then reduced.

Key Term: trespasser
A person who enters or remains on premises without any express or implied permission, or who exceeds the permission given.

Worked Example 1.1

Scenario:
A customer in a supermarket enters a door marked "Staff Only" to look for the toilet. While inside, they slip and are injured. Are they a visitor or a trespasser?

Answer:
The customer was a visitor while in the public areas of the supermarket. By entering the "Staff Only" area, they exceeded their permission and became a trespasser. The occupier owes only a limited duty under the Occupiers' Liability Act 1984 for injuries in that area.

Special Categories of Visitors

Children

Occupiers must be prepared for children to be less careful than adults. The standard of care is higher where children are involved, and occupiers should anticipate risks that may not be obvious to a child.

Skilled Visitors

Professionals (e.g., electricians, plumbers) are expected to guard against risks related to their work. The occupier may expect them to take appropriate precautions for dangers ordinarily incident to their calling.

Worked Example 1.2

Scenario:
A gas engineer is called to repair a boiler and is injured by a hazard unrelated to their work (e.g., a loose floorboard). Is the occupier liable?

Answer:
The occupier may expect the engineer to guard against risks associated with gas work, but not unrelated hazards like a loose floorboard. The occupier could be liable for injuries caused by dangers outside the engineer's professional knowledge.

Exam Warning

A common exam mistake is to assume that anyone on premises is a visitor. Always check if the person had express or implied permission, or a legal right of entry, and whether they exceeded that permission.

Revision Tip

If a person starts as a visitor but exceeds their permission (e.g., stays after closing time or enters a prohibited area), their status changes to trespasser. The occupier's duty of care is then limited.

Key Point Checklist

This article has covered the following key knowledge points:

• The definition of "visitor" under the Occupiers' Liability Act 1957 is based on express or implied permission, or legal right of entry.
• Express permission is clear consent from the occupier; implied permission is inferred from conduct or circumstances.
• Certain people have a statutory right to enter premises and are treated as visitors.
• Exceeding the scope of permission turns a visitor into a trespasser, reducing the occupier's duty of care.
• Special rules apply to children and skilled visitors regarding the standard of care owed.

Key Terms and Concepts

• visitor
• implied permission
• express permission
• legal right of entry
• trespasser