Occupiers of land owe certain duties to those who go onto their land, whether or not invited. This means that it is vital for social landlords to have a real appreciation of actual or potential risks on their land and a strategy for dealing with them.

Duties owed by occupiers of land are divided into two categories: lawful visitors are governed by the Occupiers' Liability Act 1957, while "others" (trespassers), are covered by the Occupiers' Liability Act 1984.

The 1957 Act states that the duty owed by an occupier to its lawful visitors is "to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there".

The duty of care owed to a trespasser under the 1984 Act is lower than that owed to a visitor. The 1984 Act says that an occupier's duty to a trespasser is "to take such care as is reasonable in all the circumstances of the case to see that he does not suffer injury on the premises by reason of the danger concerned".

What this means for social landlords : The 1957 Act contains a proviso in respect of warning notices, whereas the 1984 Act is silent on the point. However, case law supports the view that occupiers that demonstrate an appreciation of risks on their land and take action, such as displaying warning signs, will be in the best position to discharge their duties.

Special regard should be had to children. Although it may be reasonable for an occupier to expect parents to control their children, it is not always possible for children to be accompanied, so more care should be taken to deter young people.

The result should be that, except where there is no genuine and informed choice, such as employees or a lack of capacity, such as young children, people should accept responsibility for the risks they take and no duty arises statutory or otherwise, to protect people from obvious risk.