The above Act places an obligation on the occupier of the premises in terms of a duty owed to the visitor, which can be seen here:

An occupier of premises owes a duty of care (“the common duty of care”) towards a visitor thereto except in so far as the occupier extends, restricts, modifies or excludes that duty in accordance with section 5. 

The common duty of care means a duty to take such care as is reasonable in all the circumstances (having regard to the care which a visitor may reasonably be expected to take for his or her own safety and, if the visitor is on the premises in the company of another person, the extent of the supervision and control the latter person may reasonably be expected to exercise over the visitor’s activities) to ensure that a visitor to the premises does not suffer injury or damage by reason of any danger existing thereon.

The above ‘Duty’ imposed on the occupier of a premises is not an absolute duty in terms of the extent of obligation owed by them, but rather to carry out reasonable care and prevention steps.

Courts and Civil Law (Miscellaneous Provisions) Act 2023

This act has amended S.3 of the 1995 Occupiers Liability Act.

At A.6 of the 2023 Act it states:

The Courts and Civil Law Act of 2023 amended section 3 of the 1995 Act to :

Frequently Asked Questions

Do I need Public Liability Insurance as a business owner ?

If a business has no public liability insurance cover, they can be exposed in terms of legal actions taken against them.

Do I need Public Liability insurance as a Sole Trader ?

We would say this is absolutely imperative as sole traders do not have the benefit of the corporate veil ie a company entity and can therefore be held personally liable to an injured party.

Do I need a solicitor to bring a public liability accident claim

?

No you don’t. You can do it yourself. It is simply a decision you have to make based on if you perceive there is value in obtaining a solicitor or not. If you perceive there is no value in it, like in any service, you won’t want to obtain such a service.

You can obviously ask a solicitor what specifically does their service involve and ascertain their experience for such cases, which may assist you making the decision.

How long do I have to make a Personal Injury Claim ?

One has two years from the date of the accident to initiate the legal action or it is out of time and what is termed Statute Barred.

Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.