The Occupiers Liability Act 1984 outlines the duty of care landowners or occupiers owe to non-visitors, such as trespassers. While they aren’t owed the same protection as lawful visitors, occupiers still have a legal responsibility to take reasonable steps to prevent harm from known dangers. This includes warning signs and securing hazards where possible.
You may have heard about the Occupiers Liability Act 1957, which sets out how property owners must protect visitors. But what about people who aren’t invited, like trespassers or people taking shortcuts across private land?
That’s where the Occupiers Liability Act 1984 comes in. It outlines the duty of care owed to people who don’t have permission to be on a property, yet could still be at risk of injury.
In this guide, we’ll break it all down in simple terms—what the Act covers, what occupiers are legally required to do, and how injured individuals can claim compensation.
What Is the Occupiers Liability Act 1984?
The Occupiers Liability Act 1984 is a UK law that gives limited protection to non-visitors—including trespassers—if they’re injured on someone else’s land. It complements the Occupiers Liability Act 1957, which applies to lawful visitors.
Before the 1984 Act, trespassers had almost no protection. But a landmark case, British Railways Board v Herrington (1972), changed that. It recognised that property owners could owe a duty of care even to trespassers in certain situations.
The 1984 Act was introduced to formalise that duty of care.
Who Does the 1984 Act Protect?
This law mainly protects:
- Trespassers (adults and children)
- People using private land without permission
- Individuals taking shortcuts or crossing railway lines
- Urban explorers or those accessing abandoned buildings
Importantly, this duty is limited. Occupiers only owe a duty if:
- They know a danger exists
- They know or should reasonably expect that a person could come into the vicinity
- The risk is one they could reasonably guard against
What Is the Duty of Care Under the Occupiers Liability Act 1984?
Under the 1984 Act, occupiers must take reasonable steps to prevent injury to unauthorised persons from dangers they know about. This doesn’t mean they need to make their land perfectly safe—but they must do what’s reasonable.
This could include:
- Installing warning signs for hidden hazards
- Fencing off dangerous areas
- Securing old buildings or deep water features
- Fixing unsafe structures likely to attract trespassers (like children)
The level of duty depends on the circumstances. For example, children are owed a slightly higher duty if the occupier knows they might be attracted to the land.
Real-World Examples
✅ Duty Owed
A landowner knows that local children often play on their disused building site. The site contains broken glass and unstable structures, but there’s no fencing or warnings. A child gets injured.
→ The landowner could be held liable under the 1984 Act.
❌ No Duty Owed
A trespasser climbs over a locked gate onto a private farm at night and trips in a ditch. The occupier had no reason to expect people in the area.
→ No duty may be owed in this case.
People Also Ask
Q1. Who is considered an occupier under the Occupiers Liability Act?
An “occupier” is anyone in control of the premises—this could be a landlord, tenant, local authority, or property manager.
Q2. Does the Occupiers Liability Act 1984 protect trespassers?
Yes, but only to a limited extent. Occupiers must take reasonable steps to protect trespassers from known dangers under specific conditions.
Q3. What is the difference between the 1957 and 1984 Occupiers Liability Acts?
The 1957 Act applies to lawful visitors. The 1984 Act applies to non-visitors like trespassers. The duty of care is stronger under the 1957 Act.
Q4. Can you claim compensation under the Occupiers Liability Act 1984?
Yes. If you’re injured due to a known danger and the occupier failed to take reasonable steps, you could be eligible for a compensation claim.
Q5. What does the occupiers’ duty of care involve?
It involves doing what is reasonable to prevent harm from hazards they know about—such as fencing off dangerous areas or putting up warning signs.
How Much Compensation Can You Claim?
The amount you can claim depends on how serious your injury is and the long-term effects. Below is a general guide:
| Type of Injury | Estimated Compensation |
|---|---|
| Minor injuries (sprains, bruises) | £1,000 – £4,000 |
| Moderate injuries (fractures) | £4,000 – £25,000 |
| Severe injuries (brain/spinal) | £50,000 – £250,000+ |
| Fatal accidents (family claims) | £12,980 (bereavement) + losses |
You may also claim for:
- Medical expenses
- Lost earnings
- Travel costs
- Psychological trauma
At National Claims, we can connect you with experienced solicitors who specialise in occupiers liability claims. They’ll guide you through the legal process and fight to secure the compensation you deserve.
What Should You Do If You’ve Been Injured?
If you or someone you love has been hurt on private land or property, follow these steps:
- Seek medical help – Prioritise your health.
- Take photos – Capture the hazard and surrounding area.
- Report the incident – Notify the property owner if possible.
- Collect witness details – If anyone saw what happened.
- Speak to a solicitor – Legal advice is key.
National Claims can help connect you with legal experts who offer free initial assessments and no win, no fee services.
Key Legal Terms Explained
- Occupiers Liability Act 1957: Covers the duty of care owed to lawful visitors like guests, customers, and delivery drivers.
- Occupiers Liability Act 1984: Focuses on the duty owed to trespassers and others without permission.
- Reasonable care: The legal standard for what an occupier must do to prevent injury.
Legal Precedents and Case Law
Some landmark cases have shaped the way courts apply the Occupiers Liability Act 1984:
- Tomlinson v Congleton Borough Council (2003) – A young man was injured diving into a lake. The council had warning signs, and the court ruled it had fulfilled its duty.
- Revill v Newbery (1996) – A trespasser injured by a shotgun while attempting burglary still succeeded in a partial claim because force used was excessive.
These cases show that every situation is judged individually, based on what is “reasonable.”
Conclusion
The Occupiers Liability Act 1984 plays a vital role in protecting individuals who are injured on private land—even if they don’t have permission to be there. While the duty of care is more limited than under the Occupiers Liability Act 1957, it still exists.
If an occupier knew about a danger and failed to take steps to prevent injury, they could be liable. And if you’ve been hurt, you may be entitled to compensation.
Start Your Claim Today
If you’ve suffered an injury due to a known hazard on private property—even as a trespasser—you may still have rights under the Occupiers Liability Act 1984.
Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.
📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.
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