Courts and Civil Law (Miscellaneous Provisions) Act 2023
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Insertion of section 5A into Act of 1995 | ||
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42. The Act of 1995 is amended by the insertion of the following section after section 5: | ||
“Voluntary assumption of risk | ||
5A. (1) The common duty of care under section 3 shall not impose on an occupier any obligation to a visitor in respect of risks willingly accepted by the visitor where that visitor is capable of comprehending the nature and extent of those risks. | ||
(2) An occupier shall not owe any duty pursuant to section 4(4) to a recreational user of the premises in respect of risks willingly accepted by the recreational user where the recreational user is capable of comprehending the nature and extent of those risks. | ||
(3) A determination under subsection (1) or (2) that a visitor or recreational user has willingly accepted a risk may be based on the words or conduct of the visitor or recreational user without a requirement for evidence of communication or interaction with the occupier of the premises in question. | ||
(4) Section 34 (1)(b) of the Civil Liability Act 1961 shall not apply in relation to the making of a determination under subsection (1) or (2) that a visitor or recreational user has willingly accepted a risk.”. |