McGeown v Northern Ireland Housing Executive [1995] 1 AC 233 

Written By Nicolas Heyes

House of Lords 

Basic Facts: The plaintiff tripped and injured herself on a public right of way on the defendant's land. She sued for damages. 

Issue: Does the owner of land owe a duty of care to users of a public right of way? 

Held : Appeal dismissed. A person could not be a “visitor” to a public right of way and because it was a public right of way

  • Lord Keith of Kinkel: A visitor is someone who enters land with the occupier's permission, not someone exercising a public right of way. The occupier of land does not owe a duty of care to users of a public right of way as they are not considered visitors under the Occupiers' Liability Act 1957. 

Nicolas Heyes
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