The Gazette 1995

GAZETTE

JULY 1995

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.

that person unless a court determines otherwise in the interests of justice. Attempted offences are also covered (section 4 ( 3) of the Act).

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 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 ." The Importance of Notices 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.

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. 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 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.

John K. Brennan, Mayfield, Enniscorthy, Co. Wexford.

6 5 0 . 00

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, Mayfield, Enniscorthy, Co Wexford.

1 , 5 2 7 . 92

Jonathan

P. T. Brooks,

4 6 0 . 00

17/18 Nassau Street, Dublin 2.

1 , 9 8 7 . 92 •

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