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GAZETTE
L A W B R I E F
JULY 1995
r i t t k e i i j ^ j
The Occupiers'
Liabi l i ty Act 1995:
Mod i f i ca t i on of
Occupiers' Du ty to
Ent rants
Dr. Eamonn
G.
Hall .
Introduction
The Occupiers'
Liability Act,
1995
became law on July 17, 1995. The
principal objective of the Act is to
simplify and clarify the law on
occupiers' liability by giving it a firm
statutory basis and to implement
recommendations contained in the
Law Reform Commission's
Report on
Occupiers'
Liability
(LRC 46-1994).
The law on occupiers' liability in
Ireland has engaged the intellects of
some of the great lawyers in this
State. Foi; example, in 1974 an
advisory committee on Law Reform
(established in 1966 and composed of
representatives of the Benchers of
King's Inns, the General Council of
the Bar, the Law Society and the Law
Faculties of Trinity College Dublin,
University College, Dublin and
University College, Cork) produced a
report entitled
Reform of Law of
Occupiers'
Liability in Ireland
(Stationery Office, Dublin, Prl. 4 4 0 3)
which made certain recommendations
in relation to the reform of the law on
occupiers' liability. The thesis of
Professor
Bryan McMahon,
solicitor,
for the degree of Ph.D. from the
National University of Ireland on
Occupiers'
Liability a
Comparative
Study and Proposals for
Reform
formed the essence of the 1974
Report.
Members of the Advisory Committee
involved in the 1974 Report
represented la créme de la créme of
the legal profession at that time and
included Mr. Justice
A. Ó Caoimh
(Chairman), Mr. Justice
John
Kenny,
Mr.
John Cooke,
BL, Professor
R.F.V.
Heuston,
Mr.
Eric A. Plunkett,
Solicitor, Mr.
Matthew Russell,
B.L.,
Professor
W.D. Finlay,
SC, Professor
Rory O'Hanlon,
SC, Mr.
Niall
Osborough
and Mr.
J.C.
Brady,
Solicitor.
Key Definitions
There are several key definitions in
the
Occupiers'
Liability Act, 1995.
One such definition is that of
"occupier" who is defined in relation
to any premises as meaning:
"a person exercising such control
over the state of the premises that it
Is reasonable to impose upon that
person a duty towards an entrant in
respect of a particular danger
thereon and, where there is more
than one occupier of the same
premises, the extent of the duty of
each occupier towards an entrant
depends on the degree of control
each of them has over the state of
the premises and the particular
danger thereon and whether, as
respects each of them, the entrant
concerned is a visitor, recreational
user or trespasser".
"Entrant" is defined in relation to a
danger existing on premises as "a
person who enters on the premises and
is not the sole occupier". "Premises"
is defined as including
"land, water and any fixed or
moveable structures thereon and
also includes vessels, vehicles,
trains, aircraft and other means of
transport".
In the context of premises, "danger" is
defined as meaning "a danger due to
the state of the premises".
The main provisions of the 1995 Act
An occupier of premises now owes a
duty towards three classes of entrant -
visitors, recreational users and
Professor Bryan McMahon suggested
reform
as long ago as 1972.
trespassers. The duty owed to visitors
is to take reasonable care that they and
their property do not suffer injury or
damage by reason of any danger
existing on the premises of the
occupier ("the common duty of care")
(section 3) - subject to restriction,
modification or exclusion referred to
below (section 5). The duty owed to
the recreational users and trespassers
is not to injure them intentionally or
act with reckless disregard for them
(section 4 of the Act).
As stated, in certain circumstances,
occupiers are entitled to modify their
duty by agreement or notice and, in all
cases, depending on the particular
circumstances, a warning may be
sufficient to absolve an occupier from
liability (section 4(2)(h) and section 5
of the Act).
Entering Premises to Commit an
Offence
Where a person enters premises for
the purpose of committing an offence
or commits an offence while there, the
occupier will not be liable for injury
or damage unintentionally caused to
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