Occupiers’ Liability Act 1984

Section1(3) (4) provides a statutory duty of care owed by occupiers to trespassers. A duty is owed if the occupier is aware of danger and knows (or has grounds to believe) that the trespasser may be in the danger area. The duty is to take such care as in all the circumstances is reasonable to see that the trespasser does not suffer injury. Appropriate warnings may discharge the duty. The duty is built around the ‘common duty of humanity’, which took into account, along with the occupier’s skill and resources, his actual knowledge of the trespasser’s presence or likelihood of it. The duty is less onerous than the common duty of care owed to lawful visitors.

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