Urban explorers who break into construction sites are a growing problem. In our latest contract clinic, Paige Armitage and Jessica Stanway look at the legal ramifications.
The question
Despite us securing our site, trespassers broke in and climbed up a tower crane. Unfortunately, a piece of protection was missing from the crane base. They filmed themselves on the crane and put the video on YouTube. What are the risks we may be exposed to, and is there any action we can take against them?
The answer
The Occupiers Liability Acts of 1957 and 1984 impose on the land occupier a duty of care to all persons on the land. This includes trespassers. The duty is to take such care as is reasonable to ensure the person does not suffer injury on the premises due to any danger present or due to the state of the premises. The term ‘trespasser’ is comprehensive. It includes both those who intend to invade another person’s land and those unaware they are somewhere they have no right to be.
A construction company owes this duty of care to trespassers if it knows or has reasonable grounds to believe a danger exists. Because you have failed to install protection on the crane base, trespassers may come into the vicinity of this danger. This is likely to be enough to establish negligence.
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