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 .. 28 29 30 31 32 33 .. 392 Next page >>
Post details Post   (Contract pics)
Congratulations to.. by mcrtchly   (Show all posts)
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)
Donegal Mountain R.. by mcrtchly   (Show all posts)


RECENT CONTRIBUTIONS 1 2 3 .. 28 Next page >>
Summit Comment
Carronadavderg: Very unremarkable.
TommyV less than an hour ago.
Not much to add to the comments here except that there appears to be some maintenance work being carried out on the access road so there is a mound of gravel at the access gate so parking is a bit...

  
Summit Comment
Carricktriss Gorse: Looking for a trig in the trees.
TommyV less than an hour ago.
Followed the directions provided by wicklore and jackhil. Happy to report that there is no sign of the rottweiler but the house does have a beware of the dog sign. Just to mention it's possible to...

  
Summit Comment
Knocknamuck: Usain Bolt.
TommyV less than an hour ago.
This is purely for a quick bag. Accessed via the road mentioned in other comments. The area is now a small windfarm and there are signs at the access gate stating no unauthorized personnel. As the...

Summit Comment
Clomantagh Hill: The Kilkenny Burren.
TommyV an hour ago.
Eamonoc's directions are spot on on but there is an obvious track made by a tractor so following this will also take you close to the summit. It's a lovely little walk but very obviously on farmla...

  
Track
El Hierro - Island Traverse
GSheehy 7 hours ago.
Getting There :I took the (2h 45min) ferry from Tenerife/Los Cristianos to Puerto de la Estaca. I believe there may also walk, Len: 35.9km, Climb: 1455m, Area: Spain, Canary Islands ()

  
Summit Summary
Benbulbin: Remarkable mountain, watch out for access.
Collaborative entry Last edit by: Peter Walker, simon3, wicklore 11 hours ago.
There have been access difficulties regarding this summit. A simple approach to Benbulbin is to start at G684 451 however some have found difficulties here. A track leads to fields below a steep, ...

Summit Comment
Breesy Hill: Easy Breesy for a 6yr old
bertandally a day ago.
Thanks so much to sandman for the parking spot - it was ideal but the road in here is not for everyone and it might be best now to park at G9808064843 and walk the road in to your starting point a...

  
Track
Clogherhead Circuit
Onzy a day ago.
Slightly lenghtened version of an earlier Simon3 track... walk, Len: 4.3km, Climb: 117m, Area: East Coast (Ireland)

  
Summit Comment
Cort-ma Law East Top: Not the summit
jackill 3 days ago.
Unusually this is not the summit of Cort ma law East top.It is the summit of Cort ma Law.After swimming the bog to pick this up I find its not even listed.... Grr!!, prominence comes back to haunt...

Summit Comment
Meikle Bin: Murky Scottish Hills
jackill 3 days ago.
When you're surrounded by murk and mediocrity it doesn't take much to stand out.Meikle Bin is such a hill sitting in the more or less flat upland bog that make up most of the Campsie Hills.

  
Summit Comment
Slievemaan: Vandalised by quadbikers
quarryman 3 days ago.
A potentially brilliant mountain for walking destroyed by quadbikers; the summit cairn is surrounded by a sea of mud thanks to our considerate friends on 4 wheels. The col between Slievemaan and L...

  
Summit Comment
Camaderry Mountain: One hike two valleys
TommyV a week ago.
There are quicker ways to bag Camaderry but this route is more of a day hike exploring the area. Starting at the Glendalough Youth Hostel, a great place to stay if exploring the area as from here ...


RECENT CONTRIBUTIONS 1 2 3 .. 28 Next page >>