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Post details Post   (Contract pics)
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)
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RECENT CONTRIBUTIONS 1 2 3 .. 18 Next page >>
Summit Summary
Caherbarnagh East Top: A Hidden Gem Discovered
Collaborative entry Last edit by: CaminoPat 5 hours ago.
Park off road next to gate at the saddle between Claragh Mountain and Curracahill W23626,87990. There's room for 3-4 cars to park safely. Climb gate and follow rough stone track keeping forest to ...

  
Summit Comment
Corraun Hill: Views! what views?
Harry Goodman 20 hours ago.
Climbed this hill on Wed. 12 Oct 2011. Our intention was to start from Belfarsad Bridge but the blanket of thick mist covering the Plateau made me opt for the simpler climb from Burnanioo Bridge s...

  
Track
molls gap loop walk
strangeweaver a day ago.
From the car park at molls gap follow the narrow country lane down to the pass between to stumpa duloigh and Knocklome... walk, Len: 17.6km, Climb: 985m, Area: Dunkerron Mountains (Ireland) Knocklome

Track
Simple ascent of Minaun.
simon3 2 days ago.
An easy way up starting from the carpark. walk, Len: 3.6km, Climb: 121m, Area: Minaun, Achill/Corraun (Ireland) Minaun

  
Summit Summary
Corraun Hill: Western summit on plateau above big corrie lakes.
Collaborative entry Last edit by: simon3 20 hours ago.
(1) Bunannio Bridge Route: Start around L737 943. Take the well made track E up to a T junction L751 948, turn left and follow track to its end L749 950. Go NW up the hillside for some 1.2k over s...

  
Track
Puglia: Circuit south of Otranto
Onzy 3 days ago.
walk, Len: 11.1km, Climb: 215m, Area: Italy, Apulia ()

Summit Comment
Kilfarrasy Hill: What Lies Beneath is better than What Lies Up Top
Pepe 2 days ago.
You can drive over this. A very minor public road connects Kilfarassy with the R675 northeast of Annestown. This road crests the exact top of Kilfarassy Hill. A much better way of doing it is to p...

  
Forum: General
Reviewers wanted.
simon3 3 days ago.
Interested in reviewing either of two new books?Mourne and Cooley Mountains is by Adrian HendroffThe Comeragh, Galtee, Knockmealdown and Slieve Bloom is from John G. O’Dwyer. Let us know at admin@...

  
Track
Puglia: Trajan Way to Ostuni
Onzy 3 days ago.
walk, Len: 10.9km, Climb: 264m, Area: Italy, Apulia ()

Forum: General
Morocco
spiider28 a week ago.
Thanks for the detailed advice @kernowclimber, really appreciate it

  
Summit Comment
Westtown Hill: The Folks Who Live on the Hill
Pepe 2 days ago.
Curiosity made me investigate Westown Hill, having blissfully passed within a hundred metres of its ‘summit’ many a time on walks, drives and cycles. The top lies up a tarmac road leading west off...

  
Track
Puglia: near Cisternino to Ostuni
Onzy 3 days ago.
walk, Len: 14.7km, Climb: 245m, Area: Italy, Apulia ()


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