A child was injured on my property. Am I liable?

What the Law Says

The Occupiers’ Liability Act 1957 sets out the legal duty an occupier owes to people who come onto their land or premises.

Under section 2(1) of the Act, an occupier owes a 'common duty of care' to all lawful visitors — including children — to take such care as is reasonable in all the circumstances to see that they are reasonably safe while using the premises for the purposes for which they are invited or permitted to be there.

This means you must consider foreseeable risks — especially those that might affect children, who are less careful than adults. For example, if there’s an uncovered well, unsecured tools, or unsafe play equipment, and a child is injured because of it, a court may find you fell short of the required standard.

The law does not expect perfection — only what is 'reasonable' given the nature of the property, the age and understanding of the child, and whether warnings or barriers were in place.

Statutory Text

An occupier of premises owes to his visitors a common duty of care to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.

— Occupiers' Liability Act 1957, s. 2 — Common duty of care

What to Do

Sources