New laws to protect landowners against personal injury claims from walkers

It comes as the increased commercialisation of walking and hiking has irritated many landowners, as they see other parties generating income from activity on their land without any consideration of their liability.

The issue was raised by a number of farmers at a meeting of the Irish Natura and Hill Farmers Association in Carrick-on-Shannon, Co Leitrim, in recent days, where concerns right across the country were highlighted.

One farmer said “monuments and trails” were being advertised by “tour operators and local authorities” as places of interest to visit with no consultation with landowners.

“There is a liability issue with that for farmers. In most cases, the landowner is not aware it’s being advertised by these people and there is a concern right across the country over that,” he said.

Addressing the meeting, Agriculture Minister Charlie McConalogue described the concerns as “a fair point” and said the Government is drafting legislation at the moment, which would “rebalance” the responsibilities of each party so as to better provide cover to those who own property or land and to put more of a responsibility on those who would be using it”.

“It’s something that has been contributing significantly to insurance premiums and payouts. All of the responsibility and risk has been on landowners,” he said.

Responding to a parliamentary question on the matter last month, Justice Minister Helen McEntee said her department had completed a review of the Occupiers’ Liability Act and said she is now considering the introduction of provisions to ensure that a more balanced approach is brought to bear on personal injuries cases.

She said the provisions will allow for appropriate awards that reflect what she described as a “common-sense approach” to liability.

“It will clarify the law by codifying the understanding of liability in line with recent superior court rulings.

“I am also looking at introducing a provision to allow for the voluntary assumption of risk, where if a person willingly places themselves in a position they know might result in harm, they cannot succeed (with a) claim against the occupier of the property,” she said.

Last August, the use of public liability insurance policies to indemnify private landowners in upland areas, who allow access to their lands for recreational purposes, was trialled by the Department of Rural and Community Development.

A public liability insurance policy was secured for the two existing Mountain Access Project areas – the MacGillycuddy Reeks in Kerry and Binn Sléibhe in Galway. 

This pilot solution was developed in consultation with Comhairle na Tuaithe and is being implemented on a two-year trial basis.