I was injured as a trespasser on someone's land. Do I have a claim?

What the Law Says

The Occupiers' Liability Act 1957 does not protect trespassers — it applies only to 'visitors', defined as people with express or implied permission to be on the land. Trespassers are instead covered by the Occupiers' Liability Act 1984, which sets a much narrower duty of care.

Under the Occupiers' Liability Act 1957, an occupier owes a 'common duty of care' to all their 'visitors'. However, the Act explicitly excludes trespassers from this protection.

The definition of 'visitor' under section 1(2) of the 1957 Act means 'any person who is lawfully on the premises', including those with express or implied permission — but not those entering without consent or legal right.

Trespassers fall under the separate Occupiers' Liability Act 1984, which imposes a far more limited duty: an occupier must only take reasonable care to prevent injury when they are aware of a danger, know or have reason to believe that trespassers may come into the vicinity of that danger, and the risk is one against which they may reasonably be expected to offer some protection.

Statutory Text

This Act shall bind the Crown.

— Occupiers' Liability Act 1957, s. 2 — Application

Sources