Occupiers' Liability Act 1984 Occupiers' liability in English law

persons, other visitors

the occupiers liability act 1984 applies persons, other visitors . in practice, these referred trespassers. in robert addie & sons (colliery) ltd v. dumbreck [1929] ac 358 lord dunedin had defined trespasser follows:

trespasser person goes upon land without invitation of sort , presence unknown proprietor or, if known, practically objected to.

scope of duty

the scope of duty under 1984 act narrower under 1957 act. occupier owe trespassers duty care safety:

in respect of risks of occupier knows or has reasonable grounds believe exist;
if knows or has reasonable grounds believe [trespasser] in vicinity of risks;
if risk 1 against can expected offer protection in circumstances.

whether risk 1 against occupier may expected offer protection depend on various relevant factors, include:

the nature of premises (how dangerous they? private house? electrified railway line?);
the nature of danger (hidden or obvious , degree of danger);
the extent of risk (is there high or low risk of injury?);
the gravity of possible injury;
the age of trespasser;
the nature , character of entry (e.g. burglar, child trespasser or adult inadvertently trespassing);
the foreseeability of trespasser (i.e. more people trespass, more precautions must taken).