A recent decision awarding €40,000 in damages to a hill walker in Wicklow against the National Parks and Wildlife Service has been the subject of much debate. The hill walker was injured when she fell on a rotting boardwalk on the Wicklow Way. Legislation provides that landowners must ensure that they do not injure recreational users intentionally or act with reckless disregard for the recreational user. Where a structure is provided for use primarily by such recreational users, landowners owe a duty to take reasonable care to maintain the structure in a safe condition. The matter is to be appealed to the High Court whose decision will be of great interest to landowners of property used without charge for recreational activity. An analysis of the appeal will be published in a future issue.
Contributed by Tara Rush
