Caveat Viator

Caveat viator (let the traveller beware), meaning that he must use reasonable care for his own safety; but a traveller or passer-by on premises on or over which he has a right to be or to pass is entitled to be protected from the negligence of those who are under some duty to passers-by or users of the premises. The degree of duty varies according to whether the victim of the accident has a contract involving care or even absolute assurance or warranty on the part of the defendant in regard to the soundness of the premises or otherwise, or whether the plaintiff was a visitor or licensee. See Indermaur v. Dames, (1866) LR 1 CP 274, Latham v. Johnson, 1913 (1) KB 398, and Norman v. Great Western Railway Company, 1915 (1) KB 584 (2) CP 311. The case of a trespasser is quite different, but even then the owner of the land or person in possession has no right to lay a trap for him or commit any other wilful injury, see Bird v. Holbrook, (1828) 4 Bing 628, with that exception, the owner of the premises is not obliged to ensure a trespasser's safety or to warn him of danger, Great Central Railway Co. v. Bates, (1921) 3 KB 578, but the trespasser does not lose his rights as a member of the public if the defendant was guilty of a public nuisance towards the person injured, Barnes v. Ward, (1850) 9 CB 392; and see also Cooke vs. Midland Great Western Railway of Ireland, 1909 AC 229, and cases there cited.