Despite the apparent contradiction of a homeowner or tenant being responsible for the safety of those illegally entering a house or garden, the law does in fact offer protection for unlawful visitors to private properties, who will be able to claim compensation if an occupier has failed to take reasonable measures to protect them from hazards. Such hazards would include broken glass, chemical garden products, tools, building materials, and outdoor features at a property that a trespasser might foreseeably use, such as swimming pools and ponds.
The duty of care that occupiers of private properties owe to trespassers is set out in the Occupiers’ Liability Act 1984. Under this legislation, homeowners and tenants must take reasonable care to ensure that trespassers are kept safe from potential hazards at a property, particularly those that an occupier is aware of and that an unlawful visitor is likely to encounter, as an accident in such circumstances would be entirely foreseeable, but could have been prevented had the occupier behaved in a reasonable manner. Contact us and ask; what are my rights if I was hurt whilst trespassing?
The Occupiers’ Liability Act 1984
Section 1(3) of the Occupiers Liability Act 1984 provides: ‘An occupier of premises owes a duty to another (not being his visitor) in respect of any such risk as is referred to in subsection (1) above if:
(a) he is aware of the danger or has reasonable grounds to believe that it exists;
(b) he knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger (in either case, whether the other has lawful authority for being in that vicinity or not); and
(c) the risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection.’
In summary, despite what some may think, trespassers can in some circumstances bring a claim against an occupier despite the fact that they had no right to be on the land in the first place.
What Measures Should Occupiers Take to Prevent Trespassing?
To meet their duty of care requirements, occupiers are expected to fence off private property, and should post signs to warn trespassers about possible hazards and to deter them from illegally entering a property. This is especially important in the context of children trespassing, as the law recognises the fact that children may be too young to understand the concept of trespass, and are naturally inquisitive, meaning that it is foreseeable that they will illegally enter properties and be exposed to the risk of injury unless effective measures are taken to stop them.
Claiming Compensation for Trespassers Injured at Dangerous Properties
If you or your child have been injured while trespassing on private property, it will sometimes be possible to claim compensation from the homeowner or occupier for a breach of their duty of care. Our firm specialises in claims for accidents at private properties, and can advise trespassers injured through no fault of their own on their rights. Contact us today in the strictest confidence for free and dependable legal advice.
Our Experience With Accidents at Home
We have won a variety of cases for clients who have been injured at rented properties, ranging from a claim on behalf of a tenant who fell down poorly lit communal stairs, to a claim on behalf of a child who was injured by discarded building materials at a rented property.
The Claims Process
Claiming with us is easy. Get a free no obligation initial consultation about your case, your rights, and our no win no fee agreement. All information can be taken over the phone. Medical treatment is local to you. We aim to keep the claims process short by keeping claims out of court. If your claim does need to go to court it is unlikely that you will need to attend court, as cases settle before the final hearing.
Your Compensation
Compensation will pay for private healthcare treatment. It will also cover:
- Physiotherapy
- Psychological therapy
- Expenses (such as the cost of travel to hospital appointments)
- Loss of income
- Household adaptations
The amount of compensation you receive will depend on the severity of your injuries and the likelihood that you’ll make a full recovery. We’ll seek expert opinions on what care you’ll need to ensure that the compensation we claim will be sufficient.
Make a free compensation enquiry today
For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
