Admission to land can open farmers to liability
Farmers should be aware that every person who comes onto their land or farm yard can establish rights under law and expose the farmer to liability for injury suffered to that person", said Pat O'Rourke, President, ICMSA. He warned that on-going public debate ignores this fundamental point.
He said the courts expect a very high level of obligation from landowners.
The Occupiers' Liability Act of 1995 was designed to reduce the legal exposure to farmers and occupiers of land generally, but this limit on liability refers only to trespassers and recreational users, said Mr O'Rourke. "It does not apply to people who have a right to come onto farms or to people who are invited or given permission."
"I am very concerned that all the talk about permission and right to roam is giving the impression that farmers or the farm organisations are somehow setting aside the protection hard won in the Occupiers' Legislation in 1995. We do so at our peril. My strong advice to farmers is never to grant permission to recreational users or other people to come onto their land and to make this quite clear publicly. The difficulty is that recreational users are generally not known to the farmer.
In 1995, ICMSA secured a provision in the law, which recognises a notice at the main farm entrance to protect farmers, in that it excludes the common duty of care towards visitors. This avoids misunderstanding and it also draws the attention of all people coming onto a farm that they are entering a farm, which by its very nature and activities could cause injury to them. These notices are available from ICMSA.
"Farmers should not be apologetic to anybody or be pressurised into opening up their land with no gain and with the possibility of liability."
"Farmers, as the owners or occupiers of land, have an unqualified right to say no. Indeed, they could sue a trespasser or recreational user for trespass. Again that is the law of the land. It is indeed a paradox that the legal table is being turned on farmers by the public debate to change a situation where a farmer can sue to a situation to where he could be sued at enormous cost, either to defend himself or have costs awarded against him," said Mr O'Rourke.
ICMSA would not agree with any measure to open up the countryside, unless there is full protection provided by legislation.
