What duty does an occupier have to a trespasser?

The appropriate understanding of the duty an occupier has to a trespasser is that they must not intentionally cause harm to the trespasser. Typically, while an occupier does not have a high duty of care to a trespasser as they would to a legal visitor, they are required to avoid setting traps or engaging in willful misconduct that could cause injury.

This duty is rooted in the principles of tort law and reflects the idea that while trespassers are on the property without permission and assume more risk than a lawful visitor, their safety still should not be jeopardized intentionally. Therefore, the correct framework recognizes that the occupier's responsibility is limited but does not allow for deliberate harm.

This limited duty means that if there are unusual dangers on the property, the occupier generally does not have to point them out explicitly to a trespasser, as this falls outside the scope of their legal obligations. The focus is on avoiding intentional harm rather than on maintaining premises or warning trespassers of every potential danger.