Occupiers’ Liability Act, 1995

• Jurisdiction: Ireland
• Citation: IR No. 10/1995
• Year: 1995

Number 10 of 1995
OCCUPIERS' LIABILITY ACT, 1995
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Replacement of common law rules. 3. Duty owed to visitors. 4. Duty owed to recreational users or trespassers. 5. Modification of occupiers' duty to entrants. 6. Duty of occupiers towards strangers to contracts. 7. Liability of occupiers for negligence of independent contractors. 8. Saver. 9. Short title and commencement.
Number 10 of 1995
OCCUPIERS' LIABILITY ACT, 1995
AN ACT TO AMEND THE LAW RELATING TO THE LIABILITY OF OCCUPIERS OF PREMISES (INCLUDING LAND) IN RESPECT OF DANGERS EXISTING ON SUCH PREMISES FOR INJURY OR DAMAGE TO PERSONS OR PROPERTY WHILE ON SUCH PREMISES AND TO PROVIDE FOR CONNECTED MATTERS. [17th June, 1995]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act, unless the context otherwise requires—
	“damage” includes loss of property and injury to an animal;
	“danger”, in relation to any premises, means a danger due to the state of the premises;
	“entrant”, in relation to a danger existing on premises, means a person who enters on the premises and is not the sole occupier;
	“injury” includes loss of life, any disease and any impairment of physical or mental condition;
	“occupier”, in relation to any premises, means 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;
	“premises” includes land, water and any fixed or moveable structures thereon and also includes vessels, vehicles, trains, aircraft and other means of transport;
	“property”, in relation to an entrant, includes the property of another in the possession or under the control of the entrant while the entrant is on the premises of the occupier;
	“recreational activity” means any recreational activity conducted, whether alone or with others, in the open air (including any sporting activity), scientific research and nature study so conducted, exploring caves and visiting sites and buildings of historical, architectural, traditional, artistic, archaeological or scientific importance;
	“recreational user” means an entrant who, with or without the occupier's permission or at the occupier's implied invitation, is present on premises without a charge (other than a reasonable charge in respect of the cost of providing vehicle parking facilities) being imposed for the purpose of engaging in a recreational activity, including an entrant admitted without charge to a national monument pursuant to section 16 (1) of the National Monuments Act, 1930 , but not including an entrant who is so present and is—
	(a) a member of the occupier's family who is ordinarily resident on the premises,
	(b) an entrant who is present at the express invitation of the occupier or such a member, or
	(c) an entrant who is present with the permission of the occupier or such a member for social reasons connected with the occupier or such a member;
	“trespasser” means an entrant other than a recreational user or visitor;
	“visitor” means—
	(a) an entrant, other than a recreational user, who is present on premises at the invitation, or with the permission, of the occupier or any other entrant specified in paragraph (a), (b) or (c) of the definition of “recreational user”,
	(b) an entrant, other than a recreational user, who is present on premises by virtue of an express or implied term in a contract, and
	(c) an entrant as of right,
	while he or she is so present, as the case may be, for the purpose for which he or she is invited or permitted to be there, for the purpose of the performance of the contract or for the purpose of the exercise of the right, and includes any such entrant whose presence on premises has become unlawful after entry thereon and who is taking reasonable steps to leave.
	(2) In this Act—
	(a) a reference to a section is to a section of this Act, unless it is indicated that reference to some other enactment is intended,
	(b) a reference to a subsection is to the subsection of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
	(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.
	Replacement of common law rules.	2.—(1) Subject to section 8 , the duties, liabilities and rights provided for by this Act shall have effect in place of the duties, liabilities and rights which heretofore attached by the common law to occupiers of premises as such in respect of dangers existing on their premises to entrants thereon.
	(2) This Act does not apply to a cause of action which accrued before the commencement of this Act.
	Duty owed to visitors.	3.—(1) An occupier of premises owes a duty of care (“the common duty of care”) towards a visitor thereto except in so far as the occupier extends, restricts, modifies or excludes that duty in accordance with section 5 .
	(2) In this section “the common duty of care” means a duty to take such care as is reasonable in all the circumstances (having regard to the care which a visitor may reasonably be expected to take for his or her own safety and, if the visitor is on the premises in the company of another person, the extent of the supervision and control the latter person may reasonably be expected to exercise over the visitor's activities) to ensure that...