Proposed changes to duty of care law aimed at reducing insurance costs (via Irish Times)

Reform is to balance a business’s duty of care with personal responsibility of customers

There will be changes to the law on duty of care under proposals aimed at reducing insurance which have been approved by the Cabinet.

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.

Tánaiste Leo Varadkar said the plans are 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: “I believe 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, and what individuals themselves can be expected to take responsibility for when entering a business, club or community building”.

To read the full tory please visit:
https://www.irishtimes.com/news/politics/proposed-changes-to-duty-of-care-law-aimed-at-reducing-insurance-costs-1.4881717

Rotunda apologises and makes €3.7m interim settlement for boy’s birth injuries (via Independent.ie)

The Rotunda Hospital in Dublin has apologised and made an interim settlement of €3.7m for the “shortcomings and failings” in care surrounding the birth of a boy more than a decade ago, the High Court heard.

Cian O’Connor, from Glasnevin, Dublin, has a learning disability and other motor coordination issues because of injuries allegedly sustained during his birth in 2008, the court heard.

Now aged 13, he has settled his legal action against the Dublin hospital for an interim sum of €3.7 million, which covers the period until 2032.

A letter on behalf of the hospital management and staff was read out in court, apologising for the “shortcomings and failings in care provided to Cian”.

“We do not underestimate how difficult this has been for your family and the challenge you and your family have faced as a result of these shortcomings and failings,” it continued.

The boy’s mother, Deirdre O’Connor, told the court she appreciates the apology but is “saddened it took so long to get”.

To read the full story please visit:
https://www.independent.ie/irish-news/courts/rotunda-apologises-and-makes-37m-interim-settlement-for-boys-birth-injuries-41658094.html

Burglars will no longer be able to claim for suffering injury (via Independent.ie)

The Cabinet has agreed to amend insurance legislation in order to make it harder for personal injuries claimants to take legal action against businesses and community groups

The move will also limit circumstances where a court can impose liability on the occupier of a premises where a person has entered it to commit an offence.

The amendments are aimed at reducing the cost of insurance cover.

Justice Minister Helen McEntee said she has Cabinet backing to amend the Occupiers’ Liability Act in a bid to rebalance the duty of care.

It comes as courts have been repeatedly accused of imposing an absolute duty of care on businesses, charities, sports clubs and community groups, and of ignoring the role played by the injured party themselves.

The duty of care refers to the obligations placed on people to act towards others in a certain way, in accordance with certain standards.

Ms McEntee said occupiers’ duty of care responsibilities must be balanced with personal responsibilities, including those of consumers.

The reforms proposed include a voluntary assumption of risk.

To read the full story please visit:
https://www.independent.ie/business/personal-finance/insurance/burglars-will-no-longer-be-able-to-claim-for-suffering-injury-41660401.html