Trespass onto Property - Tort Law
However, it is also to be appreciated that, in spite of the nature and scope of the OLA 1957 and 1984, it may be argued that a trespasser may be responsible for their own injuries resulting from their own illegal act. Such a view has arisen on the basis of the decision in Tomlinson v. Congleton Borough Council [2004] 1 AC 46 where the judge found the risk was obvious that diving into water (in this particular case) where one cannot see the bottom creates the risk that one will dive too steeply and so suffer injury as a result of this error, further supported by the decision in Donoghue v. Folkestone Properties Ltd [2003] 2 WLR 1138.
Therefore, on this basis, it may be argued that, in such cases, the owner of the property is only partially responsible for any injuries suffered by a visitor/trespasser onto the owner’s property.
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