FCA authorised · FRN 724952 0117 325 0027Quote & buy →
Insurance glossary
The Occupiers’ Liability Acts 1957 and 1984 are the laws setting the duty of care an occupier of premises owes to people on them in England and Wales. They matter for insurance because most injury claims against venues, visitor attractions, sports grounds and holiday parks are argued under them, and public liability insurance is the policy that usually answers those claims.
Part of: Visitor attraction insurance
In short
The 1957 Act gives every lawful visitor the ‘common duty of care’: reasonable care to see they are reasonably safe using the premises for the purposes they are invited or permitted to be there (s.2(2)). The 1984 Act gives a narrower duty to other people, including trespassers, and covers injury only, not property (s.1). A warning discharges the 1957 duty only if it was enough to make the visitor reasonably safe (s.2(4)(a)). A business generally cannot exclude liability for negligently caused death or personal injury. Public liability insurance usually responds to claims under both Acts, subject to the policy terms.
Last reviewed 7 October 2026 by the Apex commercial team.
The Acts sort the people on your premises into two groups and give each a different duty. Both apply in England and Wales.
| Act | Who it protects | The duty |
|---|---|---|
| Occupiers’ Liability Act 1957, ss.1–2 | Visitors: people you invite or permit to be there, and people entering “in the exercise of a right conferred by law” (s.2(6)) | The common duty of care: “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 they are there (s.2(2)) |
| Occupiers’ Liability Act 1984, s.1 | Persons other than visitors, including trespassers | A duty arises only where you know of the danger (or have reasonable grounds to believe it exists), know or suspect the person is or may come near it, and the risk is one you can reasonably be expected to protect against (s.1(3)). The duty is reasonable care to see they are not injured by it (s.1(4)) |
“Premises” is wider than buildings. The 1957 Act also governs anyone occupying or controlling “any fixed or moveable structure, including any vessel, vehicle or aircraft” (s.1(3)(a)). That can bring in temporary stands, stages, boats and vehicles used to carry visitors.
Property is treated differently. The 1957 duty extends to damage to property (s.1(3)(b)). The 1984 Act does not: section 1(8) rules out liability under it for loss of or damage to property.
Access land. People walking on land under the Countryside and Rights of Way Act 2000 right of access are not visitors for the 1957 Act (s.1(4)), and the 1984 Act applies to them with extra limits on natural features (s.1(6A)–(6C)).
Most disputes turn on a handful of subsections, each a question of what was reasonable on the day.
These examples are illustrative, not real claims.
Not for death or personal injury caused by negligence, in almost every business setting. Which statute applies depends on who you are dealing with.
So signs and terms still matter, but as warnings and evidence of reasonable care, not as a shield.
Public liability insurance usually covers your legal liability for accidental injury to other people, and damage to their property, arising from your business. That includes liability under both Acts, subject to the policy terms and any conditions.
| Situation | Cover usually engaged | Where the gaps usually are |
|---|---|---|
| Visitor or trespasser injured | Public liability | Activities not declared to the insurer; a limit lower than a landlord, council or event contract demands |
| Employee injured at work | Employers’ liability, compulsory for most employers in Great Britain (Employers’ Liability (Compulsory Insurance) Act 1969, s.1) | Casual staff and volunteers not reflected in the wording or declared numbers |
| Contractor’s faulty work injures a visitor | Your public liability defends you; your insurer may seek recovery from the contractor | Contractor uninsured, or their limit too low; no evidence you checked their competence |
| Food or goods you sell cause harm | Products liability, often sold with public liability | Own-label and imported goods not declared |
| Visitors’ property damaged | Public liability | Excesses; conditions for car parks and cloakrooms |
| Advice or design you give to others | Professional indemnity | Public liability commonly excludes professional advice |
Policies commonly carry conditions on inspections, records and contractor checks; breaching them can affect a claim. Personal injury claims in England and Wales usually have three years from the injury, or from the claimant’s date of knowledge if later (Limitation Act 1980, s.11(4)), so keep inspection records well beyond the season they relate to.
If this affects your business, these are the points a broker will ask about:
Speak to a broker
Venue and attraction cover, placed by a named broker
Send us your current schedule, or tell us about the property if you are arranging cover for the first time. Or leave your number and a named broker will call you back, usually the same working day.
Apex Insurance Brokers is an independent insurance broker based in Bristol, established in 2009 and authorised and regulated by the Financial Conduct Authority. We are not tied to one insurer: we work with over 30 markets, including Lloyd’s syndicates through wholesale brokers, and every client has a named broker who handles the placement, mid-term changes, certificates for clients and the renewal.
The 1957 Act covers visitors: people you invite or allow onto your premises. It sets the common duty of care and covers injury and property damage. The 1984 Act covers other people, mainly trespassers. A duty arises only when its conditions are met, and it covers injury only, not damage to property.
Only if the warning was enough, in all the circumstances, to make the visitor reasonably safe (1957 Act, s.2(4)(a)). A clear sign may do that for an obvious hazard. Where a reasonable occupier would have fenced or closed off the danger, a sign alone is unlikely to be enough.
Sometimes. Under the 1984 Act you owe a duty where you know or have reasonable grounds to believe a danger exists, that someone is or may come near it, and the risk is one you could reasonably be expected to guard against. The duty can sometimes be met by a warning or by discouraging people from taking the risk.
Not automatically. Section 2(4)(b) of the 1957 Act protects you where you acted reasonably in giving the work to a contractor and took reasonable steps to check they were competent and the work was done properly. Keep evidence of those checks, including the contractor’s insurance.
A business cannot use a contract term or notice to exclude liability for death or personal injury caused by its negligence. For consumers, the Consumer Rights Act 2015 s.65 applies; for business dealings and general notices, the Unfair Contract Terms Act 1977 s.2. A form can still record that risks were explained.
Usually, yes. Public liability is designed to meet your legal liability for injury to third parties and damage to their property, including claims under the Occupiers’ Liability Acts. It is subject to the policy terms, the activities you declared, the limit, the excess and any conditions about inspections or contractors.
Apex arranges public and employers’ liability for venues, attractions and holiday parks across the UK. Tell us what you run and we’ll find cover that matches it. Or call 0117 325 0027.
Start your quote Call 0117 325 0027Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances. Cover is always subject to the insurer’s acceptance and the policy terms, and this page does not guarantee that cover will be available or on what terms.
