Hart Brown Partner Marek Bednarczyk looks at how far we can go in protecting our property and whether we have a Duty of Care to burglars

Just recently there has been national press coverage on the subject of shed owners being warned by the Police that wire mesh on windows could hurt burglars. Understandably, law abiding citizens who have been the target of such burglaries are exasperated and dismayed at the thought of being sued by burglars in such circumstances. One resident of Tatsfield Village in Surrey was apparently advised by the police that he needed to be careful when re-enforcing the windows on his shed with wire mesh, because “thieves can actually sue you if they get hurt”.

So, does the public owe a burglar a duty of care?

Marek Bednarczyk, Partner at Hart Brown, who has a wealth of experience in civil litigation, with personal injury amongst his specialisms, points out that firstly, a burglar is a trespasser, but not all trespassers are burglars. “Individuals who come to your property or land uninvited are trespassers and many of these individuals tend to be children. A burglar, however, is not invited onto your property or your land and therefore is also a trespasser.”

According to The Occupiers Liability Act 1984 a person owes a duty of care to a trespasser provided that three conditions apply, and if those conditions apply then care must be taken to see that the trespasser does not suffer injury on the premises.

The three conditions are :-

the occupier knows, or ought to know, of the existence of the danger on his land;

that he knows or ought to know that the trespasser is in the vicinity of the danger or is likely to come to it;

the risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer some protection.

Therefore, in certain circumstances a person can owe a duty of care to a burglar and in theory a burglar may be able to sue provided that the Occupiers Liability Act 1984 applies.

So, that sounds like good news for burglars and bad news for normal law abiding citizens.

However, the law is not sympathetic to burglars. The Act sets up a number of hurdles which need to be overcome by a successful claimant and judges are by no means sympathetic to trespassers as a whole, let alone burglars. So long as a person takes reasonable steps to protect one’s property without effectively creating traps for the unwary then it is unlikely that any legal liability will arise.

In protecting ones property, a common sense approach needs to be taken. PC John Lee a Crime Reduction Officer commented “to properly secure your sheds, Surrey Police strongly advise people to invest in items such as good quality locks and bolts and not to resort to home made devices as this could cause injury.” He added that wire mesh is not one of the suggestions for securing your property that the Surrey Police would make.

About Hart Brown

Hart Brown, a leading law firm with offices throughout Surrey and in London, has been offering a full range of legal and financial investment services to businesses and individuals for the past 90 years. With 15 partners, more than 110 staff, six offices and a reputation for delivering high quality service, Hart Brown is committed to building long-term relationships with its clients.

In particular, the firm puts a great emphasis on regular communication with clients, as well as the need for efficiency and value for money in order to deliver a high-quality service. Hart Brown currently operates from offices located in Cobham, Cranleigh, Godalming, Guildford, Wimbledon Village and Woking. For more information please visit www.hartbrown.co.uk