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Compensation for Trespassers Injured at Dangerous Properties
Despite the apparent contradiction of a homeowner or tenant being responsible for the safety of those illegally entering a house or garden, the law does in fact offer protection for unlawful visitors to private properties, who will be able to claim compensation if an occupier has failed to take reasonable measures to protect them from hazards. Such hazards would include broken glass, chemical garden products, tools, building materials, and outdoor features at a property that a trespasser might foreseeably use, such as swimming pools and ponds.
The duty of care that occupiers of private properties owe to trespassers is set out in the Occupiers' Liability Act 1984. Under this legislation, homeowners and tenants must take reasonable care to ensure that trespassers are kept safe from potential hazards at a property, particularly those that an occupier is aware of and that an unlawful visitor is likely to encounter, as an accident in such circumstances would be entirely foreseeable, but could have been prevented had the occupier behaved in a reasonable manner. Contact us and ask; what are my rights if I was hurt whilst trespassing?
- The Occupiers' Liability Act 1984
- What Measures Should Occupiers Take to Prevent Trespassing?
- Claiming Compensation for Trespassers Injured at Dangerous Properties
- Our Experience With Accidents at Home
- The Claims Process
- Your Compensation
(a) he is aware of the danger or has reasonable grounds to believe that it exists;
(b) he knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger (in either case, whether the other has lawful authority for being in that vicinity or not); and
(c) the risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection.'
In summary, despite what some may think, trespassers can in some circumstances bring a claim against an occupier despite the fact that they had no right to be on the land in the first place.
The amount of compensation you receive will depend on the severity of your injuries and the likelihood that you’ll make a full recovery. We’ll seek expert opinions on what care you’ll need to ensure that the compensation we claim will be sufficient.
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Every year we help over a thousand injured people make claims for compensation on a no win no fee basis. Many are tenants claiming against their landlords.
We help tenants claim for personal injury, such as slips, falls and injuries caused by unsafe structures.
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Accident Claims Caused by Disrepair We Have Won:
- Slips and Trips on Unsafe Steps
- Injuries From Defective Home Appliances
- Trips on Damaged or Loose Carpeting
- Injuries From Collapsing Ceilings
- Dangerous Fixtures and Furnishings
- Slipping Accidents at Rented Properties
- Accidents in Communal Areas
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