Occupiers' Liability Act, 1995
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Modification of occupiers' duty to entrants. |
5.—(1) An occupier may by express agreement or notice extend his or her duty towards entrants under sections 3 and 4 . | |
(2) (a) Subject to this section and to section 8 , an occupier may by express agreement or notice restrict, modify or exclude his or her duty towards visitors under section 3 . | ||
(b) Such a restriction, modification or exclusion shall not bind a visitor unless— | ||
(i) it is reasonable in all the circumstances, and | ||
(ii) in case the occupier purports by notice to so restrict, modify or exclude that duty, the occupier has taken reasonable steps to bring the notice to the attention of the visitor. | ||
(c) For the purposes of paragraph (b) (ii) an occupier shall be presumed, unless the contrary is shown, to have taken reasonable steps to bring a notice to the attention of a visitor if it is prominently displayed at the normal means of access to the premises. | ||
(3) In respect of a danger existing on premises, a restriction, modification or exclusion referred to in subsection (2) shall not be taken as allowing an occupier to injure a visitor or damage the property of a visitor intentionally or to act with reckless disregard for a visitor or the property of a visitor. | ||
(4) In determining for the purposes of subsection (3) whether or not an occupier has acted with reckless disregard, regard shall be had to all the circumstances of the case including, where appropriate, the matters specified in subsection (2) of section 4 . | ||
(5) Where injury or damage is caused to a visitor or property of a visitor by a danger of which the visitor had been warned by the occupier or another person, the warning is not, without more, to be treated as absolving the occupier from liability unless, in all the circumstances, it was enough to enable the visitor, by having regard to the warning, to avoid the injury or damage so caused. |