According to the Occupiers' Liability Act, who has a duty of care towards trespassers?

Study for the CII Certificate in Insurance - Household insurance products (IF6) Test. Prepare with multiple choice questions and comprehensive materials to enhance your understanding of household insurance.

Under the Occupiers' Liability Act, the general principle is that occupiers owe a duty of care to ensure that their premises are safe for lawful visitors, but this duty is limited when it comes to trespassers. Specifically, occupiers do not have a duty of care to protect trespassers from any harm that could arise from their presence on the property. However, there are instances where an occupier might still be held liable if they deliberately create a danger or if the trespasser is a child who is attracted to something dangerous.

In this context, the correct understanding of the Act indicates that while there could be some circumstances under which an occupier may be responsible for a trespasser's safety, generally, there is no overarching duty of care owed to them. Therefore, indicating that "none" of the listed groups, such as contractors, tenants, or visitors, have a designated duty of care towards trespassers accurately reflects the legal position established by the Act. It highlights the limited nature of liability associated with trespassers compared to that owed to lawful entrants.

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