Close Menu
    What's Hot

    Cork’s failure suggests a mental as much as a tactical faulty process

    July 22, 2025

    When Cork struggled for scores and leadership, sharper decisions were needed

    July 22, 2025

    Liam Cahill set to be offered extension to Tipperary reign

    July 21, 2025
    Facebook X (Twitter) Instagram
    Trending
    • Cork’s failure suggests a mental as much as a tactical faulty process
    • When Cork struggled for scores and leadership, sharper decisions were needed
    • Liam Cahill set to be offered extension to Tipperary reign
    • George Gibney due in Ireland and could appear in court on Tuesday
    • Ireland’s food history is explored in a brand-new companion book
    • The glories of summer in a West Cork rainforest, by Eoghan Daltun  
    • Erin Friel storms into final of 400m at European Youth Olympic Festival
    • Local guide helps new arrivals find their place in Buncrana community
    • Demos
    • Politics
    • Money
    • Buy Now
    Facebook X (Twitter) Instagram
    Local Europe NewsLocal Europe News
    Subscribe
    Tuesday, July 22
    • Home
    • Features
      • Typography
      • Contact
      • View All On Demos
    • Sports

      Cork’s failure suggests a mental as much as a tactical faulty process

      July 22, 2025

      When Cork struggled for scores and leadership, sharper decisions were needed

      July 22, 2025

      Liam Cahill set to be offered extension to Tipperary reign

      July 21, 2025

      ‘Club of my dreams’ – Bryan Mbeumo completes move to Manchester United

      July 21, 2025

      As Tipp cut loose, Cork went searching for safety

      July 21, 2025
    • Typography
    • Sports
      1. Politics
      2. Money
      3. View All

      Erin Friel storms into final of 400m at European Youth Olympic Festival

      July 21, 2025

      Local guide helps new arrivals find their place in Buncrana community

      July 21, 2025

      Cosby Show actor Malcolm-Jamal Warner dies aged 54 in Costa Rica drowning

      July 21, 2025

      Popular Letterkenny Judge Éiteáin Cunningham to leave District Court Area 1

      July 21, 2025

      Cork’s failure suggests a mental as much as a tactical faulty process

      July 22, 2025

      When Cork struggled for scores and leadership, sharper decisions were needed

      July 22, 2025

      Liam Cahill set to be offered extension to Tipperary reign

      July 21, 2025

      ‘Club of my dreams’ – Bryan Mbeumo completes move to Manchester United

      July 21, 2025
    • Buy Now
    Local Europe NewsLocal Europe News
    Home»Top News Stories

    Should I be worried about trespassers on my land?

    LEN EditorBy LEN EditorJune 3, 2025Updated:June 4, 2025 Top News Stories No Comments4 Mins Read
    Should I be worried about trespassers on my land?

    The duty owed to trespassers is set out in Section 4 of the Occupiers Liability Act 1995.

    Share
    Facebook Twitter LinkedIn Pinterest Email

    I am always concerned about trespassers coming on my land and making a claim against me. It seems very unfair that they possibly could. What is the law in relation to this?

    Dear Reader,

    This is a worry for many landowners. A trespasser is defined as “an entrant, other than a recreational user or a visitor”. Such entrants do not have permission or authority to be present on the property. A burglar falls within this definition.

    The duty owed to trespassers is set out in Section 4 of the Occupiers Liability Act 1995. It is similar to that owed to recreational users. However, an occupier may not be liable for injury or damage unintentionally caused to a person who enters on land or premises for the purposes of committing an offence, unless the court determines otherwise. The decision of the court will be based on the facts of the case.

    In the case of Williams vs. TP Wallace Construction Limited, the entrant plaintiff did not have permission or authority to be on the property in question. The defendant company had hired the plaintiff to install guttering at a shopping centre.

    On the day of the accident, the plaintiff attended the defendant’s premises unannounced in order to establish whether the job was being carried out properly.

    The plaintiff proceeded to inspect the site without express permission while the site workers were on a break and the architect was not present.

    The plaintiff sued the defendant for injuries he sustained as a result of a fall from a ladder, which was not tied to the scaffolding. The plaintiff contended that the defendant was negligent in failing to have the ladder secured.

    The court held that the plaintiff was not a visitor, but was instead a trespasser, because he was not on the site by invitation or arrangement. The court found in favour of the defendant and dismissed the plaintiff’s case on the basis that the failure to tie the ladder to the scaffolding was not an act of reckless disregard, and the defendant did not breach his duty to the plaintiff, a trespasser, in this regard.

    The 1995 Act does not draw a distinction between an adult and a child, so a child is owed the same duty of care, however gauging the standard of reckless disregard, the court must have regard of all circumstances, such as the conduct of the person, and the care that he or she may reasonably be expected to take for his or her own safety while on a premises. Naturally, a child is not aware of dangers as an adult would be, and they may ignore or fail to understand warning signs.

    As a result, the courts have traditionally afforded more leniency to children who come onto premises as a trespasser, if it could be shown that the child was at an age that he or she would “follow a bait as mechanically as a fish” and the occupier’s premises contained “an allurement”.

    The case law states that in order for something to be an allurement, it must be both “fascinating and fatal”.

    In the case of O’Leary vs John A. Wood Limited, the court held that “an object should not be considered an allurement unless the temptations which it presents are such that no normal child could be expected to restrain themselves from intermeddling even if he knows that to intermeddle is wrong”.

    Clearly, the allurement approach in these types of cases is of great benefit to children, but the courts appear to have taken a restrictive approach so as to ensure that the net for liability is not cast so widely as to be unjust.

    Karen Walsh, from a farming background, is a solicitor practising at Walsh & Partners Solicitors, 17 South Mall, Cork, and 88 Main Street, Midleton, Co Cork, and also the author of ‘Farming and the Law’. Walsh & Partners also specialises in personal injury claims, conveyancing, probate, and family law.

    Email: info@walshandpartners.ie

    Web: walshandpartners.ie

    • While every effort is taken to ensure the accuracy of the information contained in this article, Karen Walsh does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.

    News Source : Irish Examiner

    land trespassers worried
    LEN Editor
    • Website

    Keep Reading

    George Gibney due in Ireland and could appear in court on Tuesday

    The glories of summer in a West Cork rainforest, by Eoghan Daltun  

    Ireland’s food history is explored in a brand-new companion book

    Vicious attack on Indian man a ‘possible hate crime’

    Teenager killed after collision between car and truck in Cork

    Ryanair chief cites lower costs after moving aircraft from Cork Airport to Shannon 

    Add A Comment
    Leave A Reply Cancel Reply

    Editors Picks

    RTÉ broadcaster Áine Lawlor picks her touchstones 

    July 20, 2025

    Arena presenter Seán Rocks picks his touchstones

    June 23, 2025

    Music legend Brush Shiels picks his touchstones 

    June 2, 2025
    Latest Posts

    Subscribe to News

    Get the latest sports news from NewsSite about world, sports and politics.

    Advertisement
    Demo
    Facebook X (Twitter) Pinterest Vimeo WhatsApp TikTok Instagram

    News

    • World
    • US Politics
    • EU Politics
    • Business
    • Opinions
    • Connections
    • Science

    Company

    • Information
    • Advertising
    • Classified Ads
    • Contact Info
    • Do Not Sell Data
    • GDPR Policy
    • Media Kits

    Services

    • Subscriptions
    • Customer Support
    • Bulk Packages
    • Newsletters
    • Sponsored News
    • Work With Us

    Subscribe to Updates

    Get the latest creative news from FooBar about art, design and business.

    © 2025 Local Europe News
    • Privacy Policy
    • Terms
    • Accessibility

    Type above and press Enter to search. Press Esc to cancel.