Understanding the 1984 Act and Trespasser Duties
Think you can just ignore trespassers getting hurt on your land? Not quite! Under the Occupiers' Liability Act 1984, property owners do owe some duty of care to trespassers, though it's much lower than what they owe to invited guests.
A trespasser is anyone without permission to be there, or someone who's gone beyond their allowed area. The classic definition comes from Robert Addie & Sons v Dumbreck (1929) - basically someone who rocks up uninvited and unwanted.
Here's the crucial bit: you'll only owe a duty if three conditions are met. First, you must know about the danger (or should reasonably know). Second, you must know trespassers are likely to encounter this danger. Third, it must be reasonable to expect you to protect them from it.
The standard of care is pretty flexible - it depends on factors like how dangerous the premises are, how practical precautions would be, and the trespasser's age. Tomlinson v Congleton Borough Council (2003) shows this perfectly - even with warning signs being ignored, the council wasn't liable when someone dived into a lake and got paralysed because it was an obvious danger.
Key Point: 'Obvious dangers' like diving into shallow water at night don't usually create liability - adults are expected to take responsibility for clearly risky behaviour.
