Leader magazineASCL - Association of School and College Leaders

Occupier's liability

It may seem unfair, but if someone trespasses on a property and injures himself (it usually is 'himself'), someone may be liable. However, a recent case is encouraging and made two useful points.

A youth who fell from an external fire escape on which he was trespassing lost his case because the court felt he was old enough to understand the consequences and the fire escape was not inherently dangerous.

This does not prevent others winning cases where dangerous objects are available to trespassers, where no effort is made to warn trespassers appropriately and where trespassing is effectively permitted; but it does reassure a little.

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