An occupier owes a trespasser no common duty of care.
A trespasser injured in a person's premises has no actionable claim against the occupier.
This question appear to be founded on the assumption that a trespasser has the same remedies as a visitor. The occupier may rely on the following defences:
(i) Consented to the risk that is, (volenti non fit injuria).
(ii) The occupier had given adequate warning of the danger.
(iii) Liability was excluded by the contract between the parties.
(iv) The injury is a consequence of the faulty execution of a task by a
competent independent contract and the occupier has satisfied himself that the
contractor had discharged the same reasonably.
maurice.mutuku answered the question on April 28, 2018 at 12:20
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