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Occupiers Liability to recreational user

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  • 29-03-2019 11:36am
    #1
    Large bottle small glass
    Registered Users Posts: 1,720 ✭✭✭


    Hi all
    I'm an avid cyclist almost entirely riding empty boreens and forest roads.

    I come from a farm and have a connection with local farmers: through farming, gaa etc. As such I have access to some of the new and some quite long farm roads being built all over the country.

    I'd like to be able to bring a few friends but wanted to see what risk if any a landowner owes to recreational user; is there a higher duty of care on landowner if I have permission?

    If there is any real risk I won't be bringing anyone

    Thank you


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    #2
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    The thread title is specific that it is recreational use [i.e. non-commercial].

    Therefore, an occupier would probably owe a reasonable duty of care.
    If there is no specific consent but the cycling visitations become frequent and the occupier knows of it consent could be implied by acquiescence.

    If there is no consent or knowledge the visitations would probably constitute trespass.
    In that case I would expect an inured cyclist to have quite a struggle on proof of duty of care in any action based on negligence.

    OP personally might also owe a duty of care to those fellow cyclists if he induces them to visit potentially dangerous territory under misapprehension.
    Against this there is the principle of volenti non fit injuria [to him who is willing there is no harm].
    Against the volenti argument is the matter of knowledge and that is another issue.

    IMHO it is best to seek consent.
    If refused everyone knows where they stand [or fall :)]


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    #3
    skooterblue2
    Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    I think I saw this on primetime the other night or something. Its going on in Kerry with walkers on the mountain. The local farmers owe you nothing as it is their property and if you have an accident or worse if your friends have an accident ...... what is the farmers position?

    I think it is generous enough of your neighbours to allow you cycle through their property in this day and age (insurance, lawyers, everyone thinking your farm is an amenity). I wouldnt be putting myself out for a few friends if it would cause mistrust between neighbours and my family. This is what national parks are for.


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