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Kjesse · 03-10-2016, 02:57 PM

Section 12 of the Occupiers Liability Act:

Trespassers
12(1) Subject to subsection (2) and to section 13, an occupier does not owe a duty of care to a trespasser on the occupier’s premises.
(2) An occupier is liable to a trespasser for damages for death of or injury to the trespasser that results from the occupier’s wilful or reckless conduct.

Section 13 deals with child trespassers. To have a duty you have to actually know they are there.

03-10-2016, 02:57 PM	#549
Kjesse Retired Join Date: Oct 2003 Exp:	Section 12 of the Occupiers Liability Act: Trespassers 12(1) Subject to subsection (2) and to section 13, an occupier does not owe a duty of care to a trespasser on the occupier’s premises. (2) An occupier is liable to a trespasser for damages for death of or injury to the trespasser that results from the occupier’s wilful or reckless conduct. Section 13 deals with child trespassers. To have a duty you have to actually know they are there.