MountainViews
Welcome to MountainViews
If you want to use the website often please enrol (quick and free) at top right.

General Whatever you want to say that doesn't fit under the comments about places or another forum.
Sort by >

More controls

<< Prev page 1 .. 24 25 26 27 28 29 .. 388 Next page >>
Post details Post   (Contract pics)
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)
Donegal Mountain R.. by mcrtchly   (Show all posts)
Ireland’s Minerals.. by simon3   (Show all posts)
Hi folks, I'm look.. by madeleineblue   (Show all posts)


RECENT CONTRIBUTIONS 1 2 3 .. 21 Next page >>
Summit Comment
An Bhinn Bhuí: Benwee Loop walk towards Portacloy.
ucampbell 17 hours ago.
The Loop walks here are well signposted, it's a great idea to go out onto each headland.

  
Summit Comment
Doonvinalla N Top: Coastal Hill
sandman 21 hours ago.
On 26/4/2014 i spent a very enjoyable afternoon walking this area visiting the army observation hut and the stone constructed EIRE marking as part of an addition to the Benwee Head Loop walk but i...

  
Summit Comment
Doonvinalla N Top: Flat topped but hard to get to.
simon3 21 hours ago.
View from the west.

Track
Circuit of Dirkbeg Lough - easier ascent
simon3 2 days ago.
The purpose of this walk is to reach the Maumtrasna plateau and Maumtrasna NE top (MNET). The lattter is quite possib... walk, Len: 11.6km, Climb: 564m, Area: Maumtrasna North-East Top, Partry/Joyce

  
Track
Near Galtybeg, Galty Mountains (Ireland)
caiomhin 2 days ago.
walk, Len: 11.3km, Climb: 663m, Area: Galtybeg, Galty Mountains (Ireland) Galty...

  
Track
Benwee Coastal Walk
simon3 2 days ago.
The walk starts at a small carpark and Wild Atlantic Way sign just west of Benwee. In fact some of the local rock has ... walk, Len: 8.1km, Climb: 245m, Area: An Bhinn Bhu?, North Mayo (Ireland) An B

Summit Comment
Benwee NE Head: Jagged summit
simon3 21 hours ago.
View from the east.

  
Forum: General
Riddle of the Spinc
BleckCra 2 days ago.
I was at Glendalough yesterday and on the Spinc for the first time. I cannot imagine there haven't already been a thousand hours debate on the boardwalk and and that there won't be a thousand hour...

  
Summit Comment
Benwee NE Head: Jagged summit
simon3 21 hours ago.
Picture from the west.

Summit Summary
Kid Island: Steepwalled island.
Collaborative entry Last edit by: simon3 23 hours ago.
Kid Island is very visible from Benwee Head.

  
Track
Lenadoon Coastal Walk
simon3 3 days ago.
walk, Len: 2.5km, Climb: 8m, Area: Mayo Coastal Hill (Ireland)

  
Summit Comment
Buckaun East: Cliffy north edge.
simon3 23 hours ago.
This is a picture of Buckaun East taken from the valley below.. Obviously the safest way to go up and down this is to the left or south of the ridge.


RECENT CONTRIBUTIONS 1 2 3 .. 21 Next page >>