Lobbying
Position paper: reforming the Duty of Care in Ireland
PALI's response to the Law Reform Commission consultation on occupier's liability, with recommendations from operators.
Key points
- Clearer statutory definition of reasonable care for supervised activity venues.
- Recognition of documented safety systems as evidence of compliance.
- Proportionate treatment of voluntary assumption of risk by adult participants.
PALI has submitted its response to the Law Reform Commission's consultation on occupier's liability and the duty of care, drawing on operator experience across the activity and leisure sector.
The paper argues that the current framework leaves well-run, supervised venues exposed to claims that turn on hindsight rather than on whether reasonable care was actually taken at the time.
PALI's recommendations focus on three areas: a clearer statutory articulation of reasonable care in supervised activity settings, explicit recognition that documented safety systems and staff training constitute evidence of compliance, and a proportionate approach to voluntary assumption of risk by informed adult participants.
The submission also highlights the practical consequence of the current position, that insurers price uncertainty, and operators pay for it through premiums or through the inability to obtain cover at all.
The full paper is available to members in the resource library, and PALI will brief members on the Commission's response once published.
Issued by PALI Policy Team, Play, Activity & Leisure Ireland.
Myk Baxter