APPENDIX 3: THE WORKINGS OF THE OCCUPIERS’ LIABILITY ACT 1995

In spite of the fact that no credible cases were ever cited, fears have long been expressed that landowners would be held liable for accidents to walkers and others crossing their land. This perceived problem, among others not relevant to the outdoors, resulted in the Occupiers’ Liability Act 1995.

The Act defined three classes of persons on land:

-	Visitors: Persons who are present on the premises at the invitation of the occupier (landowner), by virtue of an express or implied term in a contract or as of right eg police.
-	Recreational users: Persons present on the premises without charge (other than a reasonable charge for parking) and who are engaged in recreation of some sort.
-	Trespassers: Everyone else.

The duty of care for recreational users and trespassers is that the occupier should not intentionally injure the person or damage his/her property nor act with "reckless disregard" for the person or his/her property. In other words the landowner has next to no responsibility towards walkers.

Results of the Act

The IFA has issued a leaflet in which it sets out the Act in brief and suggests reasonable warning signs at the entrance to farms. The other major farm organisation, the ICMSA, has recommended a sign ending with the words ‘UNAUTHORISED ENTRY IS PROHIBITED’ though the organisation claims that these signs are not intended to keep walkers out.

Some landowners are claiming that there have been cases, settled out of court, in which recreational users/trespassers have made large sums in compensation, in spite of the Act. They have not yet made clear what cases they are referring to.

If you would like to inform us of any problems in your area please email us at info@keepirelandopen.org

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