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GAZETTE
JULY 1995
that person unless a court determines
otherwise in the interests of justice.
Attempted offences are also covered
(section 4 ( 3) of the Act).
Modification of Occupiers' Duty to
Entrants
Occupiers may restrict, modify or
exclude the level of the duty which
they would normally owe to
visitors
by express agreement or notice,
provided they act reasonably in so
doing and, where a notice is involved,
the occupier must take reasonable
steps to bring the notice to the
attention of visitors. If the notice is
prominently displayed at the normal
means of access to the premises, that
will be
prima facie
evidence that the
occupier has taken reasonable steps to
bring it to the visitor's attention
(section 5 ( 2) of the Act).
The Occupiers' Liability Act, 1995
illustrates the importance of notices
in modifying the duty of occupiers to
entrants: notices will have to be
simple, clear, reasonable and placed
in prominent positions.
Any such restriction, modification or
exclusion, however, will not allow an
occupier to injure a visitor
intentionally or to act with
reckless
disregard
for a visitor or the property
of a visitor.
In relation to a danger existing on
premises, and in the context of the
duty not to act with reckless disregard
for the person or the property of a
recreational user or a trespasser, in
determining whether or not an
occupier has acted with reckless
disregard, regard will be had to
several circumstances including
"the nature of any warning given by
the occupier or another person of
the danger" (section 4 ( 2 ) ( h) of
the Act).
However, there is a proviso in section
4 of the 1995 Act that 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 so extended.
An occupier who has taken all
reasonable care when engaging an
independent contractor will not be
liable for injury or damage caused to
an entrant by the contractor's
negligence unless the occupier knows,
or ought to know, that the work has
not been properly done (section 7 of
the Act).
Both common law and statutory
provisions are preserved in the 1995
Act which impose responsibilities on
particular classes of occupiers, for
example, hotel proprietors, which are
greater than those imposed by the
1995 Act. The Act also preserves the
liability of occupiers under the present
law for certain duties which they
cannot delegate to independent
contractors, for example, duties in
relation to work which is inherently
dangerous.
The Importance of Notices
The 1995 Act illustrates the
importance of notices. Many of us
have seen notices such as "Private:
Trespassers will be prosecuted: By
Order". In a chapter on trespassers,
licensees and invitees, a writer once
introduced the topic of the above
notice with a quotation from
Tristram
Shandy.
"Said my mother, 'Wha t 's all this
story about?'
- 'A cock and a bull,' said Yo r i c k ."
In practice, the notice "Trespassers
will be prosecuted" had little
significance. Trespass was, in general,
a tort giving rise to civil proceedings.
Notices will have to be simple, clear,
reasonable, placed in prominent
positions and carefully drafted to
enable occupiers to restrict, modify or
exclude their duties under the 1995
Act.
Compensat ion
Fund Payments
- May, 1995
The following claim amounts were
admitted by the Compensation Fund
Committee and approved for payment
by the Council at its meeting in May
1995.
IR£
Jonathan
P. T. Brooks,
7 2 , 1 1 1 . 32
17/18 Nassau Street,
Dublin 2.
John K. Brennan,
6 5 0 . 00
Mayfield,
Enniscorthy,
Co. Wexford.
Malocco
& Killeen,
1 8 5 , 0 0 0 . 00
Chatham House,
Chatham Street,
Dublin 2.
Michael
Collier,
1,620.35
2 Ross Terrace,
Malahide,
Co. Dublin.
Michael
Dunne,
1 0 0 , 0 0 0 . 00
63/65 Main Street,
Blackrock,
Co. Dublin.
3 5 9 , 3 8 1 . 67
Compensat ion
Fund Payments
- June, 1995
The following claim amounts were
admitted by the Compensation Fund
Committee and approved for payment
by the Council at its meeting in June
1995.
IR£
John K Brennan,
1 , 5 2 7 . 92
Mayfield,
Enniscorthy,
Co Wexford.
Jonathan
P. T. Brooks,
4 6 0 . 00
17/18 Nassau Street,
Dublin 2.
1 , 9 8 7 . 92
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