Dáil debates

Tuesday, 24 May 2022

Ceisteanna Eile - Other Questions

Legislative Measures

10:30 pm

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

On the last point, only this weekend the son of somebody I know fell off the very top of a slide and fractured his arm. It is not possible to sue somebody because it is an accident that happened at home. Given how the law is written, even if there is a sign up in a playground, a "Floor wet" sign in a shop or a sign that states "Enter at your own risk", it does not seem to matter in the courts. It does not seem to be something that can be used to show a warning was given. What we are talking about here is rebalancing to account for what is reasonable where something is broken or not put in place properly where there is a sign stating "You enter the playground at your own risk". However, where somebody has an accident in the same way that one could happen at home, there has to be an assumption that he or she has taken a risk at a certain level. If a person, through due diligence, puts up a sign to make the information clear, the law, as currently written, does not take it into account. I acknowledge that people have been waiting for what we has been proposed. We are working closely with the insurance alliance group and others to make sure we get this right because it applies not only to businesses but also to community groups. I hope to introduce the measure as part of miscellaneous provisions Bill before the summer. Depending on the Oireachtas, we hope to have it implemented as soon as possible thereafter.

Comments

No comments

Log in or join to post a public comment.