3. Trespassers
The standard of common humanity owed to a trespasser is lower and less onerous than the duty owed to a lawful visitor. It does not require an occupier to make the premises completely safe, to carry out exhaustive inspections for every unknown danger, or to anticipate every conceivable act of trespass. Rather, where the occupier knows, or ought reasonably to know, of a danger and of the likelihood that trespassers may come into its vicinity, and where the occupier can reasonably be expected to offer protection, the occupier must take such reasonable steps as are appropriate in the circumstances to avoid injury. Those steps may include erecting adequate warning signs, maintaining effective fencing or barriers, securing access points, or giving warnings where practicable.
For example, a construction site located near major roads, schools, hotels, or busy pedestrian areas may create a foreseeable risk that members of the public, including children or other trespassers, will enter the site. A low or defective fence, unsecured access points, inadequate warning signs, or the absence of any effective system for preventing unauthorised entry may support a finding that the site was not reasonably secured.
Where the occupier knows, or should reasonably know, of a concealed or particularly dangerous hazard on the site, such as an unguarded excavation, trench, or hole, and it is foreseeable that trespassers may encounter it, the occupier should take reasonable steps to prevent injury. Depending on the circumstances, this may require more than a warning sign, especially where children are likely to enter or where the danger is not obvious.
