ABSTRACT
Common law rule At common law, the original rule was that there was a mere duty not to injure a trespasser deliberately or recklessly: Addie v Dumbreck (1929). There was a change of policy in the case of British Railways Board v Herrington (1972), when it was held that an occupier was under a duty to act humanely towards trespassers. This was owed when a reasonable man knowing the physical facts which the occupier actually knew would appreciate that a trespasser’s presence at the point and time of danger was so likely that, in all the circumstances, it would be inhumane not to give effective warning of the danger. Occupiers’ Liability Act 1984 The Occupiers’ Liability Act 1984 replaces the common law to determine whether an occupier owes a duty to persons other than visitors.
