Occupiers Liability - Case Law Update

Introduction

The recent decision of Coffey J in Scanlan v McDonnell T/A The Woodlands Caravan & Camping Park [2024] IEHC 324, provides helpful clarification as to what amounts to a "danger" under the Occupiers Liability Act 1995.

Changes to the Occupiers Liability Act 1995 have come into force since the enactment of the Courts & Civil Law (miscellaneous provisions) Act 2023 on 31 July 2023. The Press Release announcing the changes "Minister McEntee commences reformed Duty of Care legislation as key element of insurance reform" set out that one of its core key developments was to reflect in primary legislation a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users. Minister McEntee commented that the update to the legislation strike the right balance between ensuring businesses, community groups and organisers of events fulfil their duty of care responsibilities while acknowledging the importance of