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more about accidents whilst trespassing
The law which determines whether your child is entitled to make a claim if they are injured whilst trespassing is the Occupier’s Liability Act 1984. The 1984 Act was introduced to provide protection for child trespassers in particular who were not covered by the original 1957 Act. The 1984 Act states that any trespasser is owed a duty of care. Occupiers are obliged to offer some sort of protection to those who may, or are likely to, trespass.
That includes taking steps to warn of danger or implement security measures to reduce the risk of trespass and injury, but for youngsters still learning to read such warnings should be presented in a way that the child will understand. There is a possibility that these measures may in themselves magnify the risk to children by acting as an ‘allurement’ rather than a deterrent.
Anything that could intrigue a child and encourage them to trespass, from really interesting looking machinery to attractive plants that turn out to be poisonous, is an ‘allurement’. Essentially, the greater the danger and the greater the likelihood of a child trespassing, the greater is the duty of care owed by the operator or landowner towards that trespassing child.
If the occupier fails to abide by those duties of care laid out in trespassing laws and an accident occurs on their premises, you should contact our team at Access Legal. Your injured child, even though technically trespassing, may have a case for claiming a pay-out award.