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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.


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Summit Comment
Ben of Howth: Here's to Howth!
Bunsen7 6 hours ago.
Having made my first proper visit there this afternoon and doing the Purple "Bog of Frogs" waymarked route (anti-clockwise with the detour to the Ben early in the walk), I found myself marvelling ...

  
Track
'Off-Grid' in Arctic Sweden: Trekking the Dag Hammarskjöldleden
mcrtchly 14 hours ago.
We first visited Arctic Sweden in September 2016 and walked the middle section of the Kungsleden trail (MV track 3332). walk, Len: 110.7km, Climb: 1726m, Area: Sweden, Norrbotten ()

  
Summit Comment
Spinans Hill SE Top: Brissels or Brussels
Bunsen7 a day ago.
Climbed both hills on 16/12/17, following the main route described by others here on MV.The forestry between the tops has thinned out a little (or so it seems by reference to previous comments) an...

Track
Glen o' the Downs Wood
jgfitz a day ago.
This woodland track can be accessed directly from N11 heading South. After Exit 9, there is a road sign for Glen o' the walk, Len: 5.9km, Climb: 183m, Area: Dublin/Wicklow (Ireland)

  
Summit Comment
Cloghnagaune: There must be an easier way!
Bunsen7 a day ago.
This is a rather painful hill to summit from the obvious parking spot at the forest entrance to the south east. Following where others have gone I found myself wading through head high gorse to at...

  
Track
Cloghnagaune Summit and Stone Circle
Bunsen7 a day ago.
This is a rather painful hill to summit from the obvious parking spot at the forest entrance to the south east. Follow... walk, Len: 4.0km, Climb: 144m, Area: Cloghnagaune, Dublin/Wicklow (Ireland) C

User profile
IainMiller
IainMiller 2 days ago.
A rock climber, hillwalker and guidebook author living, working and playing on the sea cliffs, sea stacks, mountain ranges and uninhabited islands of County Donegal. http://uniqueascent.ie/sea_sta...

  
Summit Comment
Roaninish: Roan Inish
IainMiller 2 days ago.
Roan Inish (Roaninish) is a low lying storm lashed small archipelago comprising five main islands and a large collection of tidal skerries. The islands are reasonably remote being 4 KM from the ne...

  
Track
The Beara-Breifne Way Day7
mlmoroneybb a week ago.
On Sunday, we were not attacked by the MacCarthys of Drishane Castle but started our walk on the O?Keefe Booning Castl walk, Len: 27.7km, Climb: 362m, Area: Paps/Derrynasaggart (Ireland)

Summit Comment
Inishbarnog: Roan Inish
IainMiller 2 days ago.
Roan Inish (Roaninish) is a low lying storm lashed small archipelago comprising five main islands and a large collection of tidal skerries. The islands are reasonably remote being 4 KM from the ne...

  
Track
The Beara-Breifne Way Day 6
mlmoroneybb a week ago.
Thanks to all for making the weekends on the Beara-Breifne Way so special. We have completed 187Km in 7 Day?s walking walk, Len: 30.3km, Climb: 781m, Area: Paps/Derrynasaggart (Ireland)

  
Summit Comment
An Bhuidéal: Climbing An Bhuideal
IainMiller 2 days ago.
An Bhuideal (The Bottle) is an iconic 50 metre high twin headed sea stack living 300 meters out to sea at the base of 250 meter high sea cliffs. Its remote location and close proximity to the sker...


RECENT CONTRIBUTIONS 1 2 3 .. 18 Next page >>