Common duty of care

Under s.2 , Occupiers’ Liability Act 1957, the occupier owes a duty to all lawful visitors to ‘take 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 for which he is invited or permitted by the occupier to be there’. The occupier must be prepared for children to be less careful than adults while tradesman can be expected to appreciate risks incidental to their trade. By s.2(4)(a) a warning will absolve the occupier if it is sufficient to make the visitor reasonably safe.