Background
Originally, a trespasser on property had to prove that he was intentionally or recklessly injured, as in Addie v Dumbreck AC 358. This was seen as unfair, particularly in cases where the trespasser was a child or had only accidentally trespassed. In British Railways Board v Herrington AC 877, the House of Lords decided that a land owner could owe a duty to trespassers on his land, that duty being to avoid negligently injuring them. The application of this judgment was not certain (for example, whether or not actual knowledge of a trespasser was needed to create a duty), and it was referred to the Law Commission by the Lord Chancellor, Lord Hailsham. In 1976, the Commission recommended the introduction of legislation that created a new duty of care to be owed to "uninvited visitors", something endorsed by the Pearson Commission.
After accepting the recommendations, Lord Hailsham introduced the Occupiers' Liability Bill to the House of Lords on 23 June 1983. The Bill was given the Royal Assent on 13 March 1984, and came into law as the Occupiers' Liability Act 1984.
Read more about this topic: Occupiers' Liability Act 1984
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