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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.
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RECENT CONTRIBUTIONS 1 2 3 .. 16 Next page >>
Summit Comment
Bealick: Between two counties
Wilderness 3 hours ago.
I approached this mountain from the North East ,coming from the Coomataggart mountains. When I got to the top I had to walk around for a few minutes to pinpoint the true summit; which I'm sure is...

  
Track
Nephin from the North....stunning views.
derkelly274 3 hours ago.
First time climbing Nephin for both myself and my friend. We decided to go at it from the North as it seemed like a more walk, Len: 5.3km, Climb: 644m, Area: Nephin, North Mayo (Ireland) Nephin

  
User profile
derkelly274
derkelly274 6 hours ago.
Enjoy climbing the odd hill. Hope to visit more and more.

Summit Comment
Nephin: A looped climb from the North. Stunning views all around!
derkelly274 3 hours ago.
First time climbing Nephin for both myself and my friend. We decided to go at it from the North as it seemed like a more interesting prospect. There was access to the woods on the northern slope o...

  
Track
Camenabologue SE
Bunsen7 2 days ago.
This shortish alternative track makes use of a forest ride (as heralded by Simon3) from Glenmalure to reach Camenabol... walk, Len: 10.6km, Climb: 664m, Area: Camenabologue SE Top, Dublin/Wicklow (Ir

  
Summit Comment
Knockshanahullion: Route Changes on Avondhu Way
Pepe 10 hours ago.
Approached from carpark above Bay Lough (B). There are new signs on the waymarked trail saying "Blackwater Way Please Note Route Changes". The waymark arrows on the markers look shiny and new, abo...

Track
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osullivanm 2 days ago.
A very pleasant circuit although some difficult ground between Duff Hill and the return to start of hike. walk, Len: 17.3km, Climb: 792m, Area: Black Hill, Dublin/Wicklow (Ireland) Blac...

  
Summit Comment
Tooreenbaha: Early on a sunny April morning
peter1 15 hours ago.
Tooreenbaha, above the Rabach's Glen at the start (or finish!) of the circuit. Knockatee is the distinctive hill in the background.

  
Forum: General
An Alp for OAPs...
Colin Murphy 4 days ago.
If you an ageing hillwalker like myself who might have liked to bag an ‘Alp’ but are too long in the tooth to contemplate such an adventure, fear not, there is a simple little Austrian Alp you can...

Forum: General
MOUNTAINVIEWS MEMBERS MEET APRIL 2018
liz50 5 days ago.
Not long now until the first Mountainviews members meet of 2018. We will be walking in the Galtee mountains on Saturday 28th April. If you are thinking of joining us and would like more details pl...

  
Summit Comment
Knockowen: A view from the West
peter1 15 hours ago.
A view of Knockowen from Tooreenbaha. The Healy Pass is the gap on the right of the picture and the road can be seen rising across the slopes.

  
Track
Bonscale Pike-Wether Hill Loop
David-Guenot 6 days ago.
A beautiful route which takes in 6 wainwrights (Bonscale Pike, Arthur's Pike, Loadpot Hill, Wether Hill, Steel Knotts... walk, Len: 17.3km, Climb: 948m, Area: Swarth Fell (Ullswater), Lake District -


RECENT CONTRIBUTIONS 1 2 3 .. 16 Next page >>