Walking the streets of Dundee, in search for details, I have noticed the lengths people go to in protecting their property from unwanted guests. These deterrents – high walls, thorny hedges and spikes – are a potential cause of injury to unwanted guests. In 1926, Lord Justice Scrutton argued;
“The general principle is that he who enters wrongly enters at his own risk.”
Historically, people have been known to put broken glass along the tops of walls, or use barbed wire fences. This would provide a very inconvenient time for a trespasser who would incur injury from cuts and scratches. The trespasser had no right to complain as a person had a right to defend of their property!”
Time and Law has moved on, occupiers have a duty of care for the safety of visitors using their premises and this extends to some responsibility to protect intruders, including trespassers! However it may be possible to dismiss this duty of care with a sign, warning people about the danger.