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Occupier's Liability Common Law, To what extent does it still Apply?

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  • 16-03-2014 7:43pm
    #1
    Closed Accounts Posts: 4


    Just wondering to what extent it still applies? I know if it's injury due to an activity and not the state of the premises, it doesn't fall under the 1995 Act and the common law applies but I feel like I'm missing something here, is there any way else it still does? A little confused!


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  • Registered Users Posts: 2,458 ✭✭✭chops018


    Section 2 of the 1995 Act provides that the rights, duties and liabilities under the Act shall replace the Common Law in relation to Occupier's Liability.

    What do you mean due to an activity?

    If someone was injured by an activity by someone on the premises then surely general negligence principles would be the correct area to look at? If indeed it was as a result of negligent behavior.


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