The Occupiers Liability Act 1995 provides significant protection to landowners with regards to recreational users on their land.
In addition to the protection afforded under the Occupiers Liability Act 1995, an insurance policy is held by the National Trails Office which indemnifies all landowners and occupiers whose property or land is crossed or adjoins a “Recreational Trail”, provided the trail has been inspected and approved by the National Trails Office. The cover extends to liability attaching to the land or property owner arising from a user of the “Recreational Trail” sustaining accidental bodily injury or property damage when on the land of the owner for recreational or leisure activities connected with the designated Recreational Trail.
Nonetheless, my Department is working closely with the State Claims Agency in relation to the development and implementation of a strengthened National Indemnity Scheme, as indicated in the Action Plan for Rural Development, which would indemnify private landowners against claims from recreational users for injury or damage to property.
Discussions are at an advanced stage and I anticipate that a scheme will be agreed in a number of pilot areas before the end of 2017.