The Cabinet has agreed to amend the insurance law to make it harder for claimants of personal injuries to take legal action against businesses and community groups.
That move would also limit the circumstances where a court can impose liability on the occupier of the premises where a person has entered to commit an offence.
The modifications are aimed at reducing the cost of insurance cover.
Justice Minister Helen McEnty said she has cabinet support to amend the Occupier Liability Act to rebalance the duty of care.
It comes as the courts have been 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 itself.
Duty of care refers to the obligations imposed on people to act towards others in a certain way, according to certain standards.
Ms McEntee said the duties of caregivers must be balanced with personal responsibilities, including those of consumers.
Proposed reforms include voluntary perception of risk.
Planned reforms include the introduction of several recent court rulings into primary legislation that rebalance the duty of care payable by occupants to visitors and recreational users.
It is also agreed to change the standard to make it clear that when the occupier of a property has acted with reckless disregard for a visitor or customer, it is a standard of reckless disregard rather than reasonable grounds that would imply any breach of liability. should apply in relation to the idea.
The amendments are intended to limit the circumstances in which a court can impose liability on the occupier of the premises where a person has entered the premises for the purpose of committing an offence.
And legislative changes would allow for a wider range of scenarios where it could be shown that a visitor or customer voluntarily assumed a risk that resulted in harm.
Minister McEntee said: “There is a shared determination across government to remove the constraint of high insurance costs on our economy and communities – on the organizers of our community groups, community events and businesses.
Taniste Leo Varadkar said the new law is part of a plan to make insurance more available and less expensive for customers, community groups, clubs and businesses, and give them more choices of insurers.
Peter Boland of the Alliance for Insurance Reform said the framework proposals to reform the duty of care law appear balanced, fair, pragmatic and proportionate.
“We welcome them and look forward to seeing the detailed proposals. The momentum in moving these proposals into working law is now of the essence,” he said.
He said the government should be “prepared for and opposed to the vehement protests of personal injury lawyers like they are currently trying to derail judicial guidelines with constitutional and other challenges”.
He said, ‘Lawyers will not let go of the sleeping goose easily.
