Occupiers Liability in Ireland
Outline the duty of care owned by an occupier to visitors defined in the Occupier’s Liability Act 1995 Under the traditional common law system entrants upon a premises were divided into the following four categories: Contractual invitees Invitees Licensees Trespassers Under the Occupier’s Liability Act 1995 three new categories were created; visitors, recreational users, trespassers. A visitor according to the act was: An entrant of right An entrant other than a recreational user eg. Patron of a cinema An entrant who is present at the invitation or permission of the occupier eg. Shop customer An entrant present on the premises on which “recreational activities” area capable of taking place An occupier owes a “common duty of care” towards a visitor to take such care as is reasonable in all circumstances to ensure that a visitor does not suffer injury or damage by reason of any possible that exists upon the premises. It must be noted that when determining what care is reasonable, the court must have regard to the care which a visitor may reasonably be expected to have for his or her safety. Recreational users are defined as “ an entrant who, with or without the occupiers permission or at the occupier’s implied invitation are present on the premises without a charge being imposed for the purpose of being there for a recreational activity including an entrant admitted without charge to a national monument. This does not however include an entrant who is a member of the occupier’s family; an entrant present at the express invitation of the occupier; an entrant present with the permission of the occupier for social reasons. A trespasser is an entrant other than a visitor or a recreational user. An occupier of the premise only owes trespassers a limited duty not to injure them or damage their property intentionally and not to act with reckless disregard for them or their property. In determining whether or not an