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In the Republic of Ireland, under the Occupiers' Liability Act, 1995, the duty of care to trespassers, visitors and "recreational users" can be restricted by the occupier; provided reasonable notice is given, for which a prominent notice at the usual entrance to the premises usually suffices. [3]
Occupiers' Liability, Reckless Disregard, Trespasser, Recreational User Weir-Rodgers v SF Trust Ltd [2005] IESC 2 is a reported decision of the Irish Supreme Court that confirmed that under Section 4 of the Occupiers Liability Act 1995 an occupier of land is not required to take all reasonable care to safeguard the person or property of either ...
In addition, occupiers' liability to trespassers is provided under the Occupiers' Liability Act 1984. Although the law largely codified the earlier common law , the difference between a "visitor" and a "trespasser", and the definition of an "occupier" continue to rely on cases for their meaning.
In the Republic of Ireland, under the Occupiers' Liability Act, 1995, the duty of care to trespassers, visitors and "recreational users" can be restricted by the occupier; provided reasonable notice is given, for which a prominent notice at the usual entrance to the premises usually suffices. [38]
Occupiers Liability Act 1995 - provided for reduced liability to trespassers and recreational users Fifteenth Amendment of the Constitution of Ireland 1995 - provided for divorce in the Constitution Civil Liability (Amendment) Act 1996 - provided for increased damages for fatal injuries cases
Confirmed that under Section 4 of the Occupiers Liability Act 1995 an occupier of land is not required to safeguard trespassers or recreational users. Harold Wildgust and Carrickowen Ltd v Bank of Ireland and Norwich Union Life Assurance Society [2005] IESC 19; [2006] 2 ILRM 28; [2006] 1 IR 570; [2007] 3 IR 39
There are however certain circumstances in which an individual may be liable for omissions, where a prior special relationship exists. Such a relationship may be imposed by statute; the Occupiers' Liability acts for example impose a duty of care upon occupiers of land and properties to protect – in as far as is reasonable – others from harm ...
The Occupiers' Liability Act 1957 (5 & 6 Eliz. 2.c. 31) is an act of the Parliament of the United Kingdom that covers occupiers' liability.The result of the Third Report of the Law Reform Committee, the act was introduced to Parliament as the Occupiers' Liability Bill and granted royal assent on 6 June 1957, coming into force on 1 January 1958.