Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

A further proposal is to insert provisions regarding voluntary assumption of risks into the Occupiers' Liability Act. Its aim is to prevent plaintiffs from bringing claims where they have knowingly or willingly put themselves into a position that could lead to harm and injury to themselves. Under the Civil Liability Act 1961, for an occupier to be relieved of liability for this reason there must be a written agreement in place to evidence a voluntary assumption of risk. The purpose of this proposal I understand is to remove that requirement for a written agreement so that it is enough for an occupier to demonstrate by reference to words or conduct that the visitor voluntarily assumed risk.

Does the Minister accept that the success of this proposal, like many of the others she is making to rebalance the duty of care, will ultimately depend on how the courts interpret these provisions? Could she give us some guidance on her understanding of that? Could she give a definitive timeline for this legislation and its implementation, for which we have been waiting years?

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