Occupier’s liability to visitors

This is a broad but important question, and the answer depends on the type of premises, the nature of the visitors, and the activities being carried out. Here is a structured overview of the main legal duties you owe to customers visiting your premises in England and Wales.

Occupiers' liability:

The primary statute is the Occupiers' Liability Act 1957, which applies to lawful visitors, including customers. As the occupier, you owe a "common duty of care" to take such care as is reasonable in all the circumstances to see that the visitor will be reasonably safe in using the premises for the purposes for which they are invited or permitted to be there.

This does not mean you must guarantee absolute safety. It means you must take reasonable steps to prevent foreseeable harm. Relevant factors include the state of the premises, the nature of the risk, whether warnings are adequate, and the type of visitor (for example, a higher standard of care applies to children under section 2(3)(a) of the 1957 Act).

If someone enters without permission, the Occupiers' Liability Act 1984 applies instead, which imposes a lower but still real duty in some circumstances.

Health and safety at work legislation:

Under the Health and Safety at Work etc. Act 1974, specifically section 3, you have a duty to conduct your undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in your employment (which includes customers) are not exposed to risks to their health or safety. This is a criminal law duty enforced by the Health and Safety Executive or your local authority, depending on the nature of your business.

The Management of Health and Safety at Work Regulations 1999 require you to carry out a suitable and sufficient risk assessment of the risks to the health and safety of persons not in your employment. If you have five or more employees, the significant findings must be recorded in writing.

Fire safety:

Under the Regulatory Reform (Fire Safety) Order 2005, you are the "responsible person" for fire safety in your premises. You must carry out a fire risk assessment, ensure adequate fire detection and warning systems, provide suitable escape routes, and maintain fire safety measures. This applies to virtually all non-domestic premises and covers the safety of anyone on your premises, including customers.

Equality and accessibility:

Under the Equality Act 2010, if you provide goods, services, or facilities to the public, you must not discriminate against customers with protected characteristics. Of particular practical importance is the duty to make reasonable adjustments for disabled persons. This can include physical adjustments to premises, provision of auxiliary aids, and changes to policies or practices that put disabled people at a substantial disadvantage.

Food safety:

If you serve food, the Food Safety Act 1990 and the retained EU food hygiene regulations (principally Regulation (EC) No 852/2004 as retained in domestic law) impose duties relating to food hygiene, allergen information, and food safety management systems. The Food Standards Agency oversees enforcement alongside local authorities.

Data protection and CCTV:

If you use CCTV on your premises, you must comply with the UK General Data Protection Regulation and the Data Protection Act 2018. This includes having a lawful basis for processing, providing clear signage, and responding to subject access requests. The Information Commissioner's Office provides detailed guidance on this.

Consumer protection:

The Consumer Rights Act 2015 applies if you supply goods, services, or digital content to consumers. Services must be performed with reasonable care and skill, and goods must be of satisfactory quality, fit for purpose, and as described. If you display prices, you must also comply with the Consumer Protection from Unfair Trading Regulations 2008.

Practical considerations:

1. Carry out and regularly review a written risk assessment covering all foreseeable hazards to visitors.
2. Ensure adequate insurance, particularly public liability insurance, which is not a strict legal requirement in most cases but is an essential practical protection.
3. Train staff on safety procedures, emergency evacuation, and how to handle incidents.
4. Keep records of inspections, maintenance, cleaning schedules, and any accidents or near misses (the accident book requirement applies under the Social Security (Claims and Payments) Regulations 1979 as amended).
5. If someone is injured on your premises, you may need to report the incident under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) depending on the severity.
6. Display required notices, including your health and safety law poster, fire action notices, and any relevant licensing information.

The scope of your duties will vary depending on the nature of your business, the size of your premises, the number of employees, and the type of customers you receive. If you can give me more details about your specific situation, I can narrow this down and give more targeted guidance.