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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.


RECENT CONTRIBUTIONS 1 2 3 .. 19 Next page >>
Summit Comment
An Cnoc Fada: The majesty of the Poisoned Glen in the snow
mcrtchly 8 hours ago.
A snowy day gives a different perspective on the Poisoned Glen and Crockfadda. This photo was taken with a 500mm lens at a distance of 1.5km from the Scared Heart Church and 8km from the the Poiso...

  
Summit Comment
Tomies Mountain: Light on Tomies and Purple
davsheen 12 hours ago.
Tomies and Purple in the Light from Muckross

  
Summit Comment
Derrygarriff: Free as a bird
Colin Murphy 6 days ago.
We were lucky to see a white tailed eagle gliding gracefully over Eirk Lough before before coming to rest on a rock, which provided the opportunity to capture a pic of the rarely seen bird of prey...

Track
The Beara-Breifne Way Day 6
mlmoroneybb 3 days 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)

  
Forum: General
Enjoy your trip
BleckCra 3 days ago.
The first flurry of snow here in Armagh. A biting wind. Antenna whiskers taste the chill air and the prospect of picture postcard winter days. In no time at all, the Cairngorm Mountain Rescue will...

  
Summit Comment
Foardal: Beyond a shadow of a doubt
Colin Murphy 6 days ago.
The French writer Maupassant used to say he had lunch in the Eiffel Tower every day because it was the only place in Paris that he couldn't see the thing. A similar view might be taken of Foardal,...

Track
The Beara-Breifne Way Day7
mlmoroneybb 3 days 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)

  
Track
The Beara-Breifne Way Day5
mlmoroneybb 3 days ago.
Day 5 we set out for Ballyvourney where some of us put our cupla focail to good use. Along this trail we came across man walk, Len: 23.4km, Climb: 483m, Area: Shehy/Knockboy (Ireland)

  
Forum: General
Hillocks
BleckCra 5 days ago.
Simon. Himself is the well known to some, Bernard Hill. Less well known of course are hills to do with ants, except to some. Keep er lit though. At least some sort of discussion and of course only...

Summit Summary
Foardal: Simple approach from NW
Collaborative entry Last edit by: Colin Murphy 6 days ago.
If you want to do this in isolation, the simplest route is from the car park at V882790, and then heading SE directly up the heathery slope for 1km. The summit itself is a broad heathery mound.

  
Track
The Beara-Breifne Way Day4
mlmoroneybb 3 days ago.
The Saturday trek started in the scenic village of Glengarriff. From here a short boat trip brought some of our members... walk, Len: 27.5km, Climb: 783m, Area: Shehy/Knockboy (Ireland) Foilastookeen

  
Summit Summary
Derrygarriff: Fine summit, easily reached.
Collaborative entry Last edit by: Colin Murphy 6 days ago.
There are access issues around Moll's Gap, so suggest starting at car park at V882790 and proceeding up the heathery slopes to Foardal - about 1km to the SE, before walking the 1.5km to the SW to ...


RECENT CONTRIBUTIONS 1 2 3 .. 19 Next page >>