What is the occupier's duty to a trespasser?

• A. Lesser duty of care but harm cannot be done
• B. Highest duty of care
• C. No duty
• D. Lesser duty of care but harm can be done

Answer: (B)

The key idea is that the entrant’s status determines the duty. Trespassers are owed the least amount of care by an occupier. The occupier is not required to maintain safety or warn about every hazard to a trespasser. The main obligation is simply not to cause intentional or reckless harm. An important nuance is the attractive-nuisance rule for child trespassers, which can require extra steps to prevent harm to kids who might be drawn to a dangerous condition.

So, in the typical trespasser scenario, there isn’t a general duty to make the property safe or to warn about every hazard; the duty is minimal and focused on avoiding deliberate injury.