Accidents Suffered as a Trespasser
Occupiers of premises do not owe the same duty of care to trespassers as they do to lawful visitors. The duty only arises if there is a hazard that could foreseeably cause accidents and injuries, the occupier knows about the hazard (or should do) and the occupier knows (or should do) that a trespasser may come across the hazard. The occupier should in be expected to offer protection to the trespasser from the risk of an injury.
In these circumstances occupiers must take steps to prevent accidents by ensuring that trespassers are reasonably safe from injury whilst on those premises.
In deciding whether premises were reasonably safe when someone suffers injury as a trespasser, the court will take into account all the circumstances of the claim, including:
- The fact that children are less careful than adults and more likely to have an accident or suffer injury,
- Whether the accident victim suffered injury by taking unnecessary risks or increased the risk to themselves, and
- Whether the injured person had been warned of any accident hazards.If the occupier is held liable for the accident then the accident victim will be entitled to claim compensation for the personal injury as a trespasser.
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