Occupiers
' Liability Act, 1995
No. 10/1995:
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ARRANGEMENT OF SECTIONS |
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5 Modification of |
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7 Liability of |
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AN ACT TO AMEND THE LAW RELATING TO THE LIABILITY OF |
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[17th June, 1995] |
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: |
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Interpretation. |
1.—(1) In this Act, unless the context otherwise requires— |
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"damage" includes loss of property and injury to an animal; |
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"danger", in relation to any premises, means a danger due to the state of the premises; |
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"entrant", in relation to a danger existing on premises, means a person who enters on the premises and is not the sole |
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"injury" includes loss of life, any disease and any impairment of physical or mental condition; |
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"premises" includes land, water and any fixed or moveable structures thereon and also includes vessels, vehicles, trains, aircraft and other means of transport; |
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"property", in relation to an entrant, includes the property of another in the possession or under the control of the entrant while the entrant is on the premises of the |
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"recreational activity" means any recreational activity conducted, whether alone or with others, in the open air (including any sporting activity), scientific research and nature study so conducted, exploring caves and visiting sites and buildings of historical, architectural, traditional, artistic, archaeological or scientific importance; |
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"recreational user" means an entrant who, with or without the |
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( a ) a member of the |
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( b ) an entrant who is present at the express invitation of the |
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( c ) an entrant who is present with the permission of the |
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"trespasser" means an entrant other than a recreational user or visitor; |
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"visitor" means— |
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( a ) an entrant, other than a recreational user, who is present on premises at the invitation, or with the permission, of the |
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( b ) an entrant, other than a recreational user, who is present on premises by virtue of an express or implied term in a contract, and |
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( c ) an entrant as of right, |
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while he or she is so present, as the case may be, for the purpose for which he or she is invited or permitted to be there, for the purpose of the performance of the contract or for the purpose of the exercise of the right, and includes any such entrant whose presence on premises has become unlawful after entry thereon and who is taking reasonable steps to leave. |
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(2) In this Act— |
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( a ) a reference to a section is to a section of this Act, unless it is indicated that reference to some other enactment is intended, |
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( b ) a reference to a subsection is to the subsection of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and |
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( c ) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act. |
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2 Replacement of common law rules. |
2.—(1) Subject to section 8, the duties, liabilities and rights provided for by this Act shall have effect in place of the duties, liabilities and rights which heretofore attached by the common law to |
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(2) This Act does not apply to a cause of action which accrued before the commencement of this Act. |
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Duty owed to visitors. |
3.—(1) An |
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(2) In this section "the common duty of care" means a duty to take such care as is reasonable in all the circumstances (having regard to the care which a visitor may reasonably be expected to take for his or her own safety and, if the visitor is on the premises in the company of another person, the extent of the supervision and control the latter person may reasonably be expected to exercise over the visitor's activities) to ensure that a visitor to the premises does not suffer injury or damage by reason of any danger existing thereon. |
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Duty owed to recreational users or trespassers. |
4.—(1) In respect of a danger existing on premises, an |
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( a ) not to injure the person or damage the property of the person intentionally, and |
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( b ) not to act with reckless disregard for the person or the property of the person, |
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except in so far as the |
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(2) In determining whether or not an |
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( a ) whether the |
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( b ) whether the |
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( c ) whether the |
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( d ) whether the danger was one against which, in all the circumstances, the |
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( e ) the burden on the |
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( 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; |
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( 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; |
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( h ) the nature of any warning given by the |
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( 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. |
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(3) ( a ) Where a person enters onto premises for the purpose of committing an offence or, while present thereon, commits an offence, the |
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( b ) In paragraph (a) "offence" includes an attempted offence. |
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(4) Notwithstanding subsection (1), where a structure on premises is or has been provided for use primarily by recreational users, the |
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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 |
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Modification of ![]() ![]() |
5.—(1) An |
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(2) ( a ) Subject to this section and to section 8, an |
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( b ) Such a restriction, modification or exclusion shall not bind a visitor unless— |
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(i) it is reasonable in all the circumstances, and |
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(ii) in case the |
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( c ) For the purposes of paragraph (b) (ii) an |
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(3) In respect of a danger existing on premises, a restriction, modification or exclusion referred to in subsection (2) shall not be taken as allowing an |
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(4) In determining for the purposes of subsection (3) whether or not an |
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(5) Where injury or damage is caused to a visitor or property of a visitor by a danger of which the visitor had been warned by the |
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Duty of ![]() ![]() |
6.—(1) The duty which an |
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(2) For the purposes of this section, an entrant shall be deemed to be a stranger to a contract if the entrant is not for the time being entitled to the benefit of the contract as a party to it or as the successor by assignment or otherwise of a party to it, and, accordingly, a party to the contract who has ceased to be so entitled shall be deemed to be a stranger to the contract. |
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(3) This section applies to contracts entered into before the commencement of this Act, as well as to those entered into after such commencement. |
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Liability of ![]() ![]() |
7.—An |
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Saver. |
8.—Nothing in this Act shall be construed as affecting any enactment or any rule of law relating to— |
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( a ) self-defence, the defence of others or the defence of property, |
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( b ) any liability imposed on an |
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(i) persons by virtue of a contract for the hire of, or for the carriage for reward of persons or property in, any vessel, vehicle, train, aircraft or other means of transport; |
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(ii) persons by virtue of a contract of bailment; and |
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(iii) employers in respect of their duties towards their employees, or |
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( c ) any liability imposed on an |
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Short title and commencement. |
9.—(1) This Act may be cited as the |
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(2) This Act shall come into operation one month after the date of its passing. |
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ACT REFERRED TO |
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