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Do businesses have a duty of care to neighbours?

  • 31-07-2018 01:17AM
    #1
    [Deleted User]
    Posts: 445 ✭✭


    If an invitee to a business damages and/or trespasses on the property of someone else, is that business liable for the damage they do and are they liable if the invitee injures themselves on the neighbours property?

    This is hypothetical but I do live next door to an airbnb and I've yelled at one of their "guests" who was trying to hop my wall before. Popped into my head as I was was renewing my house insurance if worst case scenario something happens am I the one thats going to have to claim on my insurance? I looked up the airbnb host guarantee thing and it protects hosts and guests, nothing about neighbours.


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    Your beef here is not with Airbnb, but with the owners of the next-door house; that's the "business" (assuming it is a business) that you might have a claim against.


  • #3
    the_syco
    Registered Users, Registered Users 2 Posts: 37,308 ✭✭✭✭the_syco


    NellyBellyJelly wrote: »
    are they liable if the invitee injures themselves on the neighbours property?
    If someone injures themselves on your property, you'll be the one they'll sue.
    NellyBellyJelly wrote: »
    worst case scenario something happen
    AirBnB covers the AirBnB house.

    I'd advise getting higher walls, and a few rose bushes to brighten up your garden.


  • #4
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,350 ✭✭✭NUTLEY BOY


    the_syco wrote: »
    If someone injures themselves on your property, you'll be the one they'll sue. SNIP .

    Indeed.

    Generally, where an occupier [OP] permits repeated trespass with no attempt to stop it that can, in time, convert to an effective permission to take the short cut in question. That can give rise to a duty of care to the vaulter.

    There is a duty of care to trespassers. You must not create traps or the like. See the rationale in British Railways Board v Herrington where they created the notion of a duty to act with due regard for humane consideration when it comes to trespassers.


  • #5
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,679 ✭✭✭✭Samuel T. Cogley


    NUTLEY BOY wrote: »
    Indeed.

    Generally, where an occupier [OP] permits repeated trespass with no attempt to stop it that can, in time, convert to an effective permission to take the short cut in question. That can give rise to a duty of care to the vaulter.

    There is a duty of care to trespassers. You must not create traps or the like. See the rationale in British Railways Board v Herrington where they created the notion of a duty to act with due regard for humane consideration when it comes to trespassers.


    I would have thought the DoC would be no more than that owed a recreational users which I thought was the same as a tresspasser?


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