Cabinet-approved proposals to change the law and reduce insurance costs

Changes to the law on duty of care under proposals aimed at reducing insurance which have been approved by the Cabinet are underway, according to An Tánaiste Leo Varadkar.

The aim of the planned insurance reforms is to balance a property owner or business’s duty of care with personal responsibility of customers or members of the public.

The Government is now proceeding to draft the proposed legislation, which will be placed before the Oireachtas for enactment as part of the Courts and Civil Law (Miscellaneous Provisions) Bill 2022.

According to the draft, limits to the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence will be brought in.

In addition, the proposed amendments would allow for a broader range of scenarios where it can be shown that a visitor or customer has voluntarily assumed a risk resulting in harm.

Mr Varadkar called the move an 'important part of what we are doing to make insurance more available and less expensive for customers, community groups, clubs and businesses and to give them more choice of insurers.'

He added that he believes that it strikes a 'new, fairer and more reasonable balance' between the steps an owner or operator of a premises must take to keep their customers and visitors safe.

Minister for Justice Helen McEntee added that the amendments will see a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users inserted into primary law.