Land owner's duty of care

PUBLISHED: 12:54 07 August 2008 | UPDATED: 16:26 05 May 2010

SIR - Like it or not, Louise has it wrong about the Blue Lagoon. There are dozens of cases in English law which make clear that a property owner has a duty of care, even to trespassers. Thus, for example, the burglar who fell through a glass roof, injured

SIR - Like it or not, Louise has it wrong about the Blue Lagoon.

There are dozens of cases in English law which make clear that a property owner has a duty of care, even to trespassers. Thus, for example, the burglar who fell through a glass roof, injured himself and won his case for injuries against the owner. There are several cases relating to school kids, breaking into a school, one, for example, becoming impaled on a railing. He also won his case against the Local Authority.

In the USA, I believe, the law is different, and the cases above would have gone the other way.

It is very hard to feel sympathy for the burglar, who unlike the youngsters at Blue Lagoon just having fun was intent on criminality. But like it or not, that's the law, and so it will remain unless parliament decides to change it.

ANSELM KUHN

Stevenage Old Town

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