Not everyone on a piece of land is welcome there. Trespassers, people who wander beyond their permission, and others who lack visitor status can still be injured by the state of the premises — and a solicitor needs to know whether the occupier owes them anything at all. This area governs that question, and it matters in real practice because liability turns on fine distinctions: who controls the premises, what the occupier knew, and whether a duty was ever triggered.
The duty here is harder to establish and narrower than the one owed to lawful visitors, so working methodically through each requirement is essential.
What this lesson covers:
- Purpose, Scope and Claim Elements — what the Act does, who it protects, the harm it covers, and the elements of a claim.
- Occupiers and Non-Visitors — who counts as an occupier through control, and who falls into the non-visitor category.
- Threshold Conditions for a Duty — the three cumulative conditions that must be met before any duty arises.
- Standard of Care, Breach and Causation — the level of care required, how breach is judged, and proving the danger caused the injury.
- Defences — consent, contributory negligence, and the effect of warning signs.
- Exclusions and Relationship with Negligence — statutory exclusions and where ordinary negligence applies instead.