Do i have a claim if i am on private property?

Question

I had an accident on private land in England. The accident happened somewhere where i had been hundreds of times before but this time it had been left unsafe. I hadnt been invited onto the land but it is somewhere used by many people for walking. I am worried about other people if the same thing happens to them but dont want to be done for trespassing

Answer 1

You haven't given enough details for a proper answer, but if you were on my land without permission and had an accident I would fight it tooth and nail. There is such a thing as Occupiers Liability, but you may not be covered by this.

Answer 2

Let me get this straight. You were trespassing. You had an accident and now you want to claim from the land owners.

If you were not trespassing in the first place you would not have had the accident.

Hopefully if you do try and make a claim it will be thrown out and you will get counter-sued for trespass.

Answer 3

as long as you was aloud to be on the property (was it a walk way, paved route, guided route or was u invited) then yes you do have a claim.

Answer 4

Need more detail regarding the circumstances.  As to trespass, this is a tort, not a crime. You can't 'get done' for a tort. It would only become a crime if you caused criminal damage

Answer 5

If the place where you were walking has been designated as a public walk way or footpath then you would have a case. The fact is if you were on private land and you were not invited then regardless of how many people walk in that area, you are in fact trespassing.

The fact that many people use this particular place for walking does not make it legal. They were also trespassing.

Imagine hypothetically that you owned a field where people walked through and this was private property, one of the people falls down a hole and injures themselves, would you feel that you had a responsibility to that person? Somehow I don't think so.

Answer 6

Would it have happened if you were paying attention to where you were walking? Did you leave the "hazard" as it was, or try to rectify it?

Can you "prove" where your "accident" happened?

Do you have "witness's"?

Since you hadn't been invited, do you think its "fair" to file a claim"?

If other people jumped off a bridge, would you?

(sorry, just had to ask that one)

Answer 7

tell us about this accident, how are we to fully understand the seriuosness if you do not tell us?

Answer 8

it depends wether the area was defined as private. If access is easy so as members of the public have free and easy access, with no signs to state keep off", then as such with people using the land as normal then the owner has a duty to make it safe and unhazardous to users. Children are totally protected under the law because it is deemed that a child will walk onto the land, private or not, so the hazard is or could be dangerous to children. As an adult you can reason what is safe, but if this land is in general use then i think you have a case for negligence.