Commentary

184.2 To trespassers

AGRICULTURE vol 2(2)
| Commentary

184.2 To trespassers

| Commentary

184.2 To trespassers

The Occupiers’ Liability Act 1984 extends the duty of care owed by an owner or occupier of land to people other than visitors, including trespassers, if three conditions are satisfied1:

  1. 184.2.1

        the owner must be aware of the danger or have reasonable grounds to believe it exists;

  2. 184.2.2

        the owner must know or have reasonable grounds to believe that other people might come near that danger; and

  3. 184.2.3

        the risk must be one against which he or she might reasonably be expected to offer some protection.

As with the Occupiers’ Liability Act 1957, the duty

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