Irresponsible advertisement

THE Law Society’s cartoon-style advertisement (Irish Examiner, June 5) is misleading and irresponsible as it gives the impression road users have no responsibility for their own safety and property or that of others.

The advert stated “your solicitor is there to make life easier for you” in the event of a herd of cows suddenly appearing in front of you — with fatal consequences for one calf and the fender of your car — as if the driver has no liability whatsoever. This is not the case.

The Roads Act of 1993, Section 67, states there is a statutory duty on any person using a public road to take all reasonable measures to avoid damage to his own property or another person using the public road. In one case on this subject — McCaffrey v Lundy (1988) — the judge held the driver to be 25% responsible for his own losses because he was not driving with due care.

Also, although fencing on the land, as depicted in the advert, may have been defective at the time, leading to cattle being on the road, that does not of itself automatically amount to negligence on the part of the farmer and therefore make him liable for damages.

While legislation has shifted the onus of proof onto the owner of livestock found on the road, he may be able to discharge this onus by establishing he had exercised all reasonable care.

The Law Society must also surely know the obligation for maintenance of fences adjoining motorways and all new national roads constructed under the NDP 2000-2006 rests with the local authority, not the farmer-landowner.

Meanwhile, the society’s statutory code prohibits the use of cartoons in any advertisement by it own members (SI518 of 2002). Is the Law Society exempt from its own rules?

The group should observe its moral duty to encourage responsible use of the road. That responsibility should not be put aside, particularly in the context of attempts to drum up business.

Ciaran Dolan

ICMSA

John Feely House

Dublin Rd

Limerick