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    Hi all,

    I'm having a little difficulty regarding occupiers' liability.

    In this scenario, Alan dug a deep trench in his garden and placed a sign saying 'danger, work in progress, deep trench, keep out.' A 12 years old boy, was invited onto the premises, when he arrived, he saw the sign, ignored it, and went to look into the trench. He slipped and broke his leg.

    I understand a child is owed an extra duty of care and that Alan is attempting to discharge his duty, However, the problem I'm having is that would the 12 year-old be seen as a trespasser? I'm confused as to whether or not a sign which says 'keep out' is an attempt to limit the spatial extent to which he is allowed on the premises (The Calgarth [1927]). If so, the 1957 Act would not apply?

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    Hi,
    As it's mentioned that the boy is invited onto the premises he begins out as a lawful visitor who would be protected under the 1957 act. You would then need to say however, that when he ignores the sign he becomes an unlawful visitor protected only with regards to personal injury under the 1984 act. When someone goes beyond their invitation even when they begin as a lawful visitor will become an unlawful visitor. You will need to discuss the suitability of the warning signs for a lawful/ unlawful visitor, but mention how children may not be able to read or understand the signs so may not be a suitable defence for D.

    What you mentioned with the DOC to children is good and remember to reference section numbers and cases relating to the points of law!

    Good Luck, I hope this helps. 😊
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    (Original post by Calmclo)
    Hi,
    As it's mentioned that the boy is invited onto the premises he begins out as a lawful visitor who would be protected under the 1957 act. You would then need to say however, that when he ignores the sign he becomes an unlawful visitor protected only with regards to personal injury under the 1984 act. When someone goes beyond their invitation even when they begin as a lawful visitor will become an unlawful visitor. You will need to discuss the suitability of the warning signs for a lawful/ unlawful visitor, but mention how children may not be able to read or understand the signs so may not be a suitable defence for D.

    What you mentioned with the DOC to children is good and remember to reference section numbers and cases relating to the points of law!

    Good Luck, I hope this helps. 😊
    Thank you for clearing this up :-)
 
 
 
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