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Now that weather i.. by brenno   (Show all posts)
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Subscribers to the.. by Peter Walker   (Show all posts)
There is a proposa.. by mcrtchly   (Show all posts)
SCAVENGER WALK 12 .. by Peter Walker   (Show all posts)
The legal duty of .. by CaptainVertigo   (Show all posts)
The Irish Times Re.. by CaptainVertigo   (Show all posts)
Geraldine Weir-Rod.. by CaptainVertigo   (Show all posts)
CaptainVertigo
2016-04-18 17:46:32
Occupiers' Liability Act, 1995: Section 4
4.—(1) In respect of a danger existing on premises, an occupier owes towards a recreational user of the premises or a trespasser thereon (“the person”) a duty—

(a) not to injure the person or damage the property of the person intentionally, and

(b) not to act with reckless disregard for the person or the property of the person,

except in so far as the occupier extends the duty in accordance with section 5 .

(2) In determining whether or not an occupier has so acted with reckless disregard, regard shall be had to all the circumstances of the case, including—

(a) whether the occupier knew or had reasonable grounds for believing that a danger existed on the premises;

(b) whether the occupier knew or had reasonable grounds for believing that the person and, in the case of damage, property of the person, was or was likely to be on the premises;

(c) whether the occupier knew or had reasonable grounds for believing that the person or property of the person was in, or was likely to be in, the vicinity of the place where the danger existed;

(d) whether the danger was one against which, in all the circumstances, the occupier might reasonably be expected to provide protection for the person and property of the person;

(e) the burden on the occupier of eliminating the danger or of protecting the person and property of the person from the danger, taking into account the difficulty, expense or impracticability, having regard to the character of the premises and the degree of the danger, of so doing;

(f) the character of the premises including, in relation to premises of such a character as to be likely to be used for recreational activity, the desirability of maintaining the tradition of open access to premises of such a character for such an activity;

(g) the conduct of the person, and the care which he or she may reasonably be expected to take for his or her own safety, while on the premises, having regard to the extent of his or her knowledge thereof;

(h) the nature of any warning given by the occupier or another person of the danger; and

(i) whether or not the person was on the premises in the company of another person and, if so, the extent of the supervision and control the latter person might reasonably be expected to exercise over the other's activities.

(3) (a) Where a person enters onto premises for the purpose of committing an offence or, while present thereon, commits an offence, the occupier shall not be liable for a breach of the duty imposed by subsection (1) (b) unless a court determines otherwise in the interests of justice.

(b) In paragraph (a) “offence” includes an attempted offence.

(4) Notwithstanding subsection (1), where a structure on premises is or has been provided for use primarily by recreational users, the occupier shall owe a duty towards such users in respect of such a structure to take reasonable care to maintain the structure in a safe condition:

Provided that, where a stile, gate, footbridge or other similar structure on premises is or has been provided not for use primarily by recreational users, the occupier's duty towards a recreational user thereof in respect of such structure shall not be extended by virtue of this subsection.
A woman has been a.. by wicklore   (Show all posts)


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Track
La Gomera - GR132
GSheehy 15 hours ago.
In 1492, Columbus set out from San Sebasti

  
Summit Summary
Doughruagh South Top: Twin of Doughruagh main top
Collaborative entry Last edit by: liz50 3 days ago.
Located behind Kylemore Abbey, it has been reported that access from the grounds is no longer allowed. It is possible to park in a small lay-by at L77637 58711 and walk approx 30m along the road t...

  
Summit Summary
Doughruagh: Rocky summit with access issues from Kylemore Abbey
Collaborative entry Last edit by: liz50 3 days ago.
Located behind Kylemore Abbey, it has been reported that access from the grounds is no longer allowed. It is possible to park in a small lay-by at L77637 58711 and walk approx 30m along the road t...

Summit Summary
Raghtin More: The smallest Inishowen Arderin
Collaborative entry Last edit by: liz50 4 days ago.
The easiest approach is to park at Urrismenagh viewpoint carpark C317 443 and follow the track to its highest point. From here you can avoid Crockmain and carry on towards Raghtin More to the Nort...

  
Summit Summary
Crockmain: An uninspiring summit with great views
Collaborative entry Last edit by: liz50 4 days ago.
The easiest approach is to park at Urrismenagh viewpoint carpark C317 443 and follow the track to its highest point before heading north over heather to the summit. Alternatively from Mamore Gap c...

  
Summit Summary
Currywongaun: Rough and Rocky
Collaborative entry Last edit by: liz50 3 days ago.
Park off road in a small lay-by at L72134 59157 and ascend the spur in a roughly Easterly direction to the summit. Usually climbed en-route to its larger neighbor Doughraugh.

Summit Summary
Knocknanacree: Views to Slieve Mish and the Dingle Peninsula
Collaborative entry Last edit by: liz50 4 days ago.
Summit can be approached from the West by parking near Minard Castle V556 992 and following a rough track uphill past a quarry and onto the summit ridge.A shorter steeper approach is possible from...

  
Track
Forbidden Keadeen
CaptainVertigo 4 days ago.
Please DO NOT attempt to gain access to Keadeen from the road by following my route. The owner, who is a very decent ... walk, Len: 7.2km, Climb: 487m, Area: Keadeen Mountain, Dublin/Wicklow (Ireland

  
Summit Summary
Teeromoyle Mountain: A summit in the middle of a classic Horseshoe walk
Collaborative entry Last edit by: liz50 4 days ago.
This summit is usually accessed whilst walking the Glenbeigh Horseshoe. A shortened version taking in the 4 central 600m summits in the centre of the horseshoe Teeromoyle, Coomacarrea, Mullaghnara...

Summit Comment
Bruse Hill: Bruse
Nekarsulm 5 days ago.
Track up from the quarry is overgrown. I partially walked up a small stream, as it at least cuts its way through the whins. Climbing straight upwards, you will see places where some earlier climbe...

  
Summit Comment
Coppanagh: Wear Your Wellies
Pepe 6 days ago.
As of early 2017 the top section of forestry has been felled, making the trig easily visible once you're up. A word of caution: this felling has resulted in a treacherous summit surface; a gazilli...

  
Track
Meentog South East Top
Onzy 5 days ago.
Route to Meentog SET from west. Parking is in a farmyard (with permission) and a helpful track leads up to around 540m walk, Len: 4.1km, Climb: 336m, Area: Glenbeigh Horseshoe (Ireland)


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