Weir-Rodgers v SF Trust Ltd

Weir-Rodgers v SF Trust Ltd [2005] IESC 2 is a reported decision of the Irish Supreme Court that confirmed that under Section 4 of the Occupiers Liability Act 1995 an occupier of land is not required to take all reasonable care to safeguard the person or property of either trespassers or recreational users.

Background

A woman who had entered unused land adjoining the sea in order to witness a sunset sustained serious injuries after falling down a steep ridge leading to the beach. Seeking compensation for her injuries, the woman argued that the owners of the land had failed to discharge their duty of care under the Occupiers Liability Act 1995. The 1995 Act imposes obligations on occupiers in respect of the state of their premises in relation to three categories of entrant: visitor, recreational user and trespasser. Section 4 of the Act establishes the extent of the duty of care owed to recreational users and trespassers alike, namely, that the occupier must refrain from acting with ‘reckless disregard’. It was accepted in both the High Court and the Supreme Court that this was the defendants’ duty to the plaintiff. In the High Court, Butler J decided that the defendants were in breach of their statutory duty but found the plaintiff to be guilty of contributory negligence. The defendants appealed the High Court's finding of liability to the Supreme Court. The Supreme Court faced two primary questions: first, the degree of culpability necessary to trigger liability under Section 4; and, second, how to characterise the culpability, if any, that attached to the defendant's failure to erect a warning notice at the relevant location.

Supreme Court Decision

Geoghegan J delivered the judgment of a unanimous Court.