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Occupiers Liability, state of premises - Coggle Diagram

- - - - present by permission or invite for social reasons - Quill - vistors presence desired (recreational users tolerated)
      - owe common duty of care to take reasonable care to ensure visitor doesn't suffer injury or damage due to anything existing on the premises (s3)
      - 2 relavent factors - the level of care visitors expected to take for own safety and if in company of others and level of supervision by occupier
      - Heaves v Westmeath slipped on moss on stairs had taken reasonable steps as got expert advice on how to reduce the moss
      - McNamara v UCD someone walked into bollards, not part of a line so UCCD liable but isolated
      - Walsh v Wexford Wanderers rugby club tripped after walking through car park after night out, very drunk, surface of car park did not mean it unsafe
      - Stokes v South Dublin plaintiff fell on path beside caravan park entrance, failed in duty for failure to repair footpath
      - reckless disregard - s4(2)
        
        factors to consider
        
        if occupier knew or ought to have known of danger or person would be on premises, if occupier knew person likely in vicinity of danger, should the occuper provide protection against it, burden of eliminating the danger (expense, easy), character of premises, nature of warnings about danger, if supervision was done
        
        FitzGerald v South Dublin child injured knee while playing football due to broken glass, recreational user no liability didn’t act in reckless disregard- had system of management for pitches
        
        does not apply to trespassers who enter for purpose of committing an offence
        
        McMahon and Binchy - reckless conduct is worse than carelesss
    - - entrants who are not visitors or recreational users
      - restrict duty - duty to avoid intentionally injuring them and to avoid accting with reckles disregard
      - MacNamara v ESB child electrecuted, fencing around generator in disrepair - precedes 1995 - court did accept duty owed becaused of significant injuries, known state of disrepair and injustice if liability not imposed
    - - present with or without permission in recreational activity - doesn't apply if invited or ordinarily resident - any activity in open air
      - duty- s4 - to avoid injuring them intentionally or not act in reckless disregard
      - Weir Rodgers v SF Trusts plaintiff fell of cliff went through fence, warning notice put up - no liability - objective test
      - Lynskey occupier of national park can't be liable for every conceivable danger
      - Darby v National Trust drowned swimming in lake, dangers no greater than obvious to any adult - don't want all water ways or coast littered with signs
      - Tomlinson people swimming, council put up signs warning of dangers, plaintiff ignored and paralysed - no liability - can't prohbit all recreational visitors because some are irresponsible
      - Ryan v Office of Public Works plaintiff tripped over play structure in playground - the duty was to maintain the structure - for recklessness would ned to show erosion or some mainteannce failure
      - Wall v National Parks overturned CC decision that defendant liable for a boardwalk - hill walkers expected to be vigilant - standard of care reflect conditions
- - - - Foley v Musgrave Cash and Care - plaintiff an invitee but duty to take reasonable care to ensure premises reasonably safe
    - - Rooney v Connelly applied the old system
    - - McNamara v ESB occupier should owe more onerous duty than not ating in reckless disregard - should have taken more steps to keep kids out