Lowery v Walker Revisited; Risks and Responsibilities; Occupiers and Trespassers

Abstract

This article reviews the liability of occupiers for injuries suffered by trespassers on their land. The article opens with a review of the a case which went to the House of Lords at the beginning of the twentieth century; a time when negligence was in its infancy and before any statutory intervention covering this area of law was in existence. The article asks the reader to take an objective view of the cases reviewed. Some of these decisions have been criticised as being inconsistent and illogical but it is suggested here that a closer examination reveals that the creator of the particular risk which was the immediate cause of the harm remains liable for the loss suffered.