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If I have a case about an accident whilst trespassing
Whether you have a case depends on proving that the occupier or landowner failed in their duty of care under the Occupier’s Liability Act 1984. However, the required standard of such proof is simply that your version of events is more likely to be preferred by a Court.
Establishing whether the injury was reasonably foreseeable and therefore preventable is also important, as is showing that the location was somewhere a child would be likely to trespass and that there was something that attracted the child.
Standard warnings such as ‘No Entry’ signs or barbed wire fencing cannot be classed as adequate security to deter a child. The greater the danger, the more effective any security and safety measures must be.
The 1984 Act still allows a defence of ‘volenti non fit injuria’ which means that if someone willingly places themselves in a position where they know there is a risk of harm, they will not be able to bring a claim if they suffer harm.
While it's true that children don’t perceive dangers as adults do, whether you have a case would also crucially depend on the age of your child and their understanding of the risks involved in their actions. The maturity of a teenager for example may reasonably be assumed to be far greater than that of a five year old child.
If your team at Access Legal can prove all of the above, it's likely that you will have a good case and an accident while trespassing claim will be successful.