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SCAVENGER WALK 12 .. by Peter Walker   (Show all posts)
The legal duty of .. by CaptainVertigo   (Show all posts)
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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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RECENT CONTRIBUTIONS 1 2 3 .. 23 Next page >>
Track
Near Croghan Kinsella, Dublin/Wicklow (Ireland)
jgfitz a few minutes ago.
walk, Len: 11.4km, Climb: 412m, Area: Croghan Kinsella, Dublin/Wicklow (Ireland...

  
Track
Knocknalougha South Top
Onzy an hour ago.
Route to Knocknalougha South Top from Crow Hill carpark ... as outlined by melohara on the Hill Page... walk, Len: 11.7km, Climb: 430m, Area: Knocknalougha South Top, Knockmealdown Mo...

  
Forum: General
Re: Sligo, Leitrim, Roscommon
Peter Walker a day ago.
Hi daithi07The 'what's left to do in Ireland' article currently lives largely in my head rather than anywhere more tangible. It will see the light of day at some point in the next few months. I am...

Track
Greece, Pelion Peninsula: Paou to Chorto return
Onzy a week ago.
walk, Len: 8.3km, Climb: 237m, Area: Greece, Thessaly ()

  
Track
12 (Listed) Bens - Revisited
GSheehy 2 days ago.
I was drawn back by the lure of completing the 2002 - 12 Bens Challenge route. I got the details from John J. Cotter w... walk, Len: 29.1km, Climb: 2598m, Area: Benglenisky, Twelve Bens (Ireland) Ben

  
Track
Greece, Pelion Peninsula: Affisos to Afetes return (2)
Onzy a week ago.
walk, Len: 9.7km, Climb: 458m, Area: Greece, Thessaly ()

Summit Comment
Big Collin: Permission required?
StephenMullin a week ago.
Hi thereCan anybody tell me if permission is required to walk up Big Collin? If so, how does one go about obtaining this?Many thanks!

  
Track
Greece, Pelion Peninsula: Portaria Circuit
Onzy a week ago.
walk, Len: 14.3km, Climb: 644m, Area: Greece, Thessaly ()

  
Summit Summary
Anglesey Mountain: Great Carlingford views from a so-so top
Collaborative entry Last edit by: Colin Murphy a week ago.
There is enough space to park one car at 100 167, just on the edge of a wood around a sharp u-bend. Proceed north for 100m before turning NE up a gentle slope, although the terrain is treacherous ...

Track
Greek Islands: Kos
Onzy a week ago.
walk, Len: 5.8km, Climb: 381m, Area: Greece, South Aegean ()

  
Summit Summary
Pigeon Rock Mountain South Top: Nondescript summit for baggers only
Collaborative entry Last edit by: Colin Murphy a week ago.
Usually done in conjunction with Pigeon Rock itself, but can be done in isolation if you want. Car park can be found at 234 278 A. Take the track directly across the road that follows the Rocky Ri...

  
Summit Comment
Knockroe: Where Summits relocate with No Plate Movement
CaminoPat 4 days ago.
Knockroe summit is listed as being located in County Cork. The correct location however is County Waterford. Déise abú.


RECENT CONTRIBUTIONS 1 2 3 .. 23 Next page >>