Farmer needn’t guard against every conceivable danger

FARMERS fearful of liability for accidental injury on their land can take some solace from a recent court decision which demonstrated the protection provided by the Occupiers Liability Act.

In a significant judgement for all land owners, the court decided that a “recreational user” was not a “visitor” within the meaning of the Act, and therefore did not qualify for the same duty of care by the land owner as that extended to the invited visitor.

In her dismissal of a claim for damages for personal injury to a recreational walker, Judge Mary Flaherty said that no property owner was obliged in law to guard against “every conceivable danger” that might exist on his or her land or property.