Dáil Éireann Debate, Tuesday - 10 May 2022
661. Deputy Colm Burke asked the Minister for Justice if he will provide a detailed update on possible legislation to rebalance the duty of care for personal injury claims; and if she will make a statement on the matter. [23281/22]
Amharc ar fhreagraMy Department has completed a review of the Occupiers' Liability Act in accordance with the Government's Action Plan on Insurance Reform, including the duty of care and notices and waivers.
I am considering the introduction of provisions to ensure that a more balanced approach is brought to bear on personal injuries cases, that will allow for appropriate awards that reflect what might be described as a common sense approach to liability. It will clarify the law by codifying the understanding of liability in line with recent superior court rulings.
I am also looking at introducing a provision to allow for the voluntary assumption of risk, where if a person willingly places themselves in a position they know might result in harm, they cannot succeed claim against the occupier of the property.
My Department is currently engaging with the Office of the Attorney General on the proposed amendments and I expect to bring final proposals on this matter to Government for its approval in the coming weeks.
